LIBRARY OF CONGRESS. 



IT" 32/4- 
Chap.._I..u^opyright No... 

SheltJIfc:..' 

^M- 



UN8TED STATES OF AMERICA. 



S r-r 



» » ~ - — — ^ s 



l^oad preoipet )fo. 



FROM 



/ 



TO 



< • • WITH ROKD L-H5n£ • • • 




ROAD OVERSEER. 






ISSUED day of 189. 

tefa^gZj+m. 189. 

Commissioners Court, 



County, 



TEXAS. 



By 



COUNTY CLERK. 



DEPUTY. 



Copyrighted 1893, 
By Geo. D. Barnard & Co., St. Louis, M*. 



&>* 



<4- 



f& 



y^mo3 



V 



> 



:-. 



6 

o 









Ob 



k 
£ 



S 





Si 










6 








•i* 








o 








a. 








R. 








$ 








co 








^ 




■ 




•» 








i»-i 








•ti 








hs> 








£ 








s 








k 








§ 








on 








00 








<H 








k 








53 








co 








SSi 








CO 








r£ 








Hi 








V 




Hi 

•hi 




Hi 




3 




k 




c> 




$ 




Hi 




© 








O 




CO 

3 




^ 




© 




•hi 




l*i> 




8 








V 




CO 

8 




¥ 




CO 




•hi 
Hi 




^ 


Hi 


«0 




IS 

© 


e 






(•© 


£ 


k 




CO 
•hi 




3 


CO 


•^s 


^ 


^ 


■^ 


CO 


§ 


CO 


Hi 


•hi 


k 

Hi 


V 

© 


' 3 


Q> 


cc 
k 


k 




O 


«. 


CO 
CO 








CO 


CO 

k 

CO 






r^ 


Hi 


Si 






&i 


r-i 


Q> 






^ 
^ 


Hi 


co 






Q 


Cxi 


k 

© 






^ 


hi) 
k 


CO 

CO 






CO 

=9 

Hi 
*8 


CO 
CO 
CO 

s 

CO 
CO 


3 

««i 
CO 


Cj 


co 


•hi 


•hi 




Hi 

•hi 
C! 
ft, 

CO 


Hi 
CO 


CO 

k 
© 

ft* 







Si 
•hi 




£ 




C* 




Si 




*S 




8 




<s 




k 




^ 




•»i 




e 




CO 




•£ 




k 




co 




B 




© 




Si 




CO 




^ 




g 




8 




^ 




ts 




CO 




s 




8 




g 




^» 


CO 


£ 


CO 


•hi 


•ti 

k 


3 


e 


co 


^ 


l>i 


£ 

s 


*. 


o 


CO 


*© 


-£ 




Si 


•ti 


CO 


Q 


^ 


cc 


e 


co 
k 


r$£ 


t 


CO 


CO 
Si 


Si 


£ 






tf 


Si 
•ri 


^ 


s 


es 


co 


N 


tS 


q 


fc 

o 


fts 


fts 


o 


CO 


ft$ 




fej 


h0 


ft 


fts 




CO 


s 


Si 


&H 


•^i 




i»i 


cq 


G 


H 


«0 
CO 


&S 


tJ 


s 


s 




CO 


p 


IS 

•ri 


^ 


^ 


^ 


£ 




e 





© 
ho 
h© 

© 

h© 

© 

Hi 



•hi 

© 
Hi 



© 
IS 

s£ 

•hi 

© 

k 

© 

© 

Hi 
CO 

© 

Hi 

CO 
CO 

k 

CO 

ft. 

k 
ci> 

h£ 
Hi 
© 

8 

8 

© 



Hi 
© 

•hi 

© 
© 
k 

8 
co 

•^ 
h^ 

Hi 
•hi 



co 

8 
© 

© 



© 




<K 


hS£ 




© 


Hi 




fc> 


© 




8 


.k 






< 






h55 






ft. 






© 






© 






Hi 






© 






© 






k 






k 






© 






© 






^8 






£ 






8 


• 




© 




co 
•hi 


k 




hS* 


Hi 




Hi 


8 




Hi 
k 


CO 

•hi 




s 


© 
© 


k 


© 


© 


© 


^ 


h© 
8 


6-1 


•hi 
8 


© 

h£ 


•hi 
8 


co 


Hi 


CO 


t-»i 


Hi 


-*i 


8 


8 


8 


© 


^ 


Hi 


CO 


&H 


k 


^8 




s 


£ 




© 


8 


^ 


■^ 


55 


^ 


•hi 


8 


ftn 


8 
CO 


r^ 


KJ 


<K 


£> 


O 


©* 


jj* 


h 


co 
© 

Hi 


k 
© 


AQ 


s 


^8 


&H 


£ 


e 




•hi 


s 

£ 


bn 




© 
ft 

•hi 


H 




Cb 



k 
© 

Hi 



h5i 

Hi 

8 

ft. 
© 






^ 



I 



5 



h>. 



© 
Hi 

Hi 
•hi 
k 
© 

Hi 

8 
8 

Hi 
•hi 



h© 
8 

© 



1$ 
© 

hS 

k 
© 



© 



Z 



REVISED STATUTES, TITLE 87 

WITH ALL AMENDMENTS. 



Power of com- 
m'rs' court 
to open. 



Can be altered 
only to short- 
en unless, &c. 



Roads shall be 
classified. 

(lets '84 P. 21) 



ist-classRoad. 



Article 4359. All public roads and highways that what roads 
have heretofore been laid out and established agreeably are public. 
to law, except such as have been discontinued, are 
hereby declared to be public roads. 

Art. 4360. The commissioners' courts of the sev- 
eral counties shall have full power, and it shall be their 
duty to order the laying-out and opening of public 
roads when necessary, and to discontinue or alter any 
road whenever it shall be deemed expedient, as herein- 
after prescribed. Provided, that hereafter no public 
road shall be altered or changed, except for the purpose 
of shortening the distance from the point of beginning 
to the point of destination, unless the court upon a full 
investigation of the proposed change find that the 
public interest will be better served by making the (Acts '89 P. 21.) 
change. That said change shall be by unanimous con- 
sent of all the commissioners elected. 

Art. 4361. It shall be the duty of the commis- 
sioners' courts to classify all public roads in their coun- 
ties into first, second and third class roads, and to act 
as supervisors of roads in their respective precincts as 
hereinafter provided, and commissioners' courts may, 
on their own motion, where it is deemed necessary, 
open new roads or straighten existing ones. 

Art. 4362. First-class roads shall be clear of all 
obstructions, and not less than forty feet nor more than 
sixty feet wide; all stumps over six inches in diameter 
to be cut down to six inches of the surface and rounded 
off; all stumps six inches and under to be cut smooth 
with the ground, and all causeways made at least six- 
teen feet wide. 

Art, 4363. Second-class roads shall be clear of all 
obstructions and not less than thirty- feet wide; 

stumps six inches and over in diameter to be cut down 
to six inches of the surface and rounded off; and all 
stumps less than six inches in diameter to be cut smooth 
with the ground; all causeways to be made at least six- 
teen feet wide. 

Art. 4364. Third-class roads shall be clear of all 
obstructions, and not less than twenty feet wide* 
stumps six inches and over in diameter to be cut down 
to six inches of the surface and rounded off; all stumps 
less than six inches in diameter to be cut smooth with 
the ground, and all causeways made at least twelve feet 
wide. 

Art. 4365. The commissioners' court shall in no in- 
stance grant an order on application for any new road, 
or to discontinue an original one, unless the persons 
making application therefor, or some one of them, shall 
have given at least twenty days' notice by written adver- 
tisement of their intended application, posted up at the 
court house door of the county, and at two other public 
public places in the vicinity of the route of the proposed 
new road, or the road proposed to be discontinued. 

Art. 4366. All applications for a new road, and all 
applications to discontinue an existing one, shall be by 
petition to the commissioners' court, signed by at least 
eight freeholders in the precinct or precincts in which 
such road is desired to be made or discontinued, speci- 
fying in such petition the beginning and termination of 
such road proposed to be opened or discontinued; pro- 
vided, that where one or more persons live within any 



2d- class Road. 



3d -class Road. 



Order for new 
Road , Etc , 
granted only 
after due 
notice. 



Requisites o f 
application. 



1st and 2nd 
Class Roads, 
cannotbere- 
daced. 

(Acts '84 P. 21) 

Jury of free- 
holders with 
or without 
Co. Surveyor 
to lay out 
Road. 

(Acts '85 P. 92) 



enclosure, either or all of them may petition the com- 
missioners' court for a third-class road or neighborhood 
road to their nearest trading points, mills, gins, school 
and church houses and county seats, and the courts 
shall open such roads, as hereinafter provided in the 
opening of third class roads; and provided further, that 
no part of a public road shall be discontinued, unless a 
new road connecting that part of such road not discon- 
tinued, shall first be opened; and provided further, that 
no part of a first or second class road shall be reduced 
to a road of a lower class. 

Art. 4367. All roads hereafter ordered to be made 
shall be laid out by a jury of freeholders of the county, 
to be appointed by the commissioners' court. Said jury 
shall consist of five persons, a majority of whom may 
proceed, with or without the county surveyor as ordered 
by the commissioners' court, to lay out, survey and des- 
cribe such road, to the greatest advantage to the public, 
and so that the same can be traced with certainty, and 
the field notes of such survey or description of the 
road shall be included in the report of the jury, and if 
adopted shall be recorded in the minutes of the com- 
missioners' court. 

Oath of Jury. Art. 4368. The jurors provided for in the preceding 
article shall, before proceeding to act as such, take the 
following oath before some officer authorized to admin- 
ister oaths, to-wit : 

"I, , do solemnly swear that I will lay out the 

road now directed to be laid out by the order to us 
directed from the commissioners' court, according to 
law, without favor or affection, malice or hatred, to the 
best of my skill and knowledge, so help me God." 

Jury shall act Art. 4369. It shall be the duty of such jurors, when 
and report, qualified as provided in the preceding article, to pro- 
ceed to lay out and mark the road in accordance with 
the order of the court and the law, and to report their 
proceedings in writing to the next regular term of the 
commissioners' court. 

Art. 4370. The jury of freeholders provided for in 
article 4367 shall issue a notice in writing to the land 
owners through whose land the proposed road may run, 
(Act8'84P.2l) or to his agent or attorney, of the time when they will 
proceed to lay out such road, or when they will assess 
the damages incidental to the opening of the same, 
which notice shall be served upon such owner, his 
agent or attorney, at least five days before the day 
therein named. If such owner is a non-resident of the 
county, the notice may be given by publication in a 
newspaper published in the county, as notices are re- 
quired to be given to non-resident defendants as to 
action in the district or county court, and the road may 
be established after four weeks' publication, the cost of 
publication to be paid as directed by judgment of the 
court. 

if owner ci^ms Art# 4371< The owner of any such land may, at the 
juryto^sess' ti me stated in such notice, or previously thereto, present 
to the jury a statement in writiug of the damages 
(Acts '84 P. 22) claimed by him, if any, incidental to the opening of 
such road, and thereupon the jury shall proceed to assess 
the damages, returning their assessment and the claim- 
ant's statement with their report to the commissioners' 
court. 

Coro'ers Ooa rt Art. 4372. If the commissioners' court shall approve 

Jus* dam'ges 7 . of tne report and order such road to be opened, they 

shall consider the assessment of damages by the jury 

and the claimant's statement thereof, aud allow to such 

owner just damages and adequate compensation for the 



Shall give no- 
tice to land 
owners. 



6 



Owner may 
appeal. 

If no claim 
filed dam'ges 
con sidered 
waived. 

(Acts '84 P. 22) 

Road may be 
opened but 
dam'es must 
first be paid. 



land taken, and when paid or secured by deposit with 
the county treasurer, to the credit of such owner, they 
may proceed to have such road opened. If the owner 
of the land is not satisfied with the assessment by the 
commissioners' court, he may appeal therefrom as in 
cases of appeal from judgment of justice's court, but 
such appeal shall not prevent the road from being 
opened, but shall be only to fix the amount of damages. 
If no claim of damages is filed with such jury, after 
jiotice as provided in the preceding article, the same 
shall be considered as waived. 

Art. 4373. If, in the judgment of the commissioners* 
court, from the report of the commissioner named in 
the two preceding articles, the road should be deemed 
of sufficient importance, the court may order the survey 
or opening of the same ; but the court shall first order 
the payment of the damages assessed, if any, by the com- 
missioners of view to be made to the owners of the land 
out of the connty treasury, and the county treasurer shall 
have paid the same or secured its payment by special 
deposit of the amount in his office, subject to the order 
of such owner, and shall notify such owner by mail or 
otherwise of such deposit. 

Art. 4374. If no objection be filed, upon the report R ? a d estab- 
of a jury appointed upon an application to open a new 1S e * 
road, the court shall proceed to establish and classify 
such road, and order the opening out of the same, and 
shall appoint an overseer and apportion hands for the 
same, as in other cases. 



Roads may 
altered. 



be 



(Acts '84 P. 22) 



Duty of Clerk, 
when jury of 
view is ap- 
pointed. 



jurors. 



Art. 4375. The commissioners' court may alter or 
change the course of any public road in accordance with 
article 4360 of this chapter, after notice and upon ap- 
plication in the same manner as provided in this chap- 
ter for the discontinuance of a road, except that the 
application need not be signed by more than one free- 
holder of the precinct in which such alteration or 
change is proposed to be made. 

Art. 4376. When juries of view are appointed, it 
shall be the duty of the clerk of the court to make out 
copies of the order appointing them in duplicate, and 
to deliver such copies to the sheriff of the county with- 
in ten days after snch order of appointment was made, 
endorsing on such copies the date of such order. 

Art. 4377. The sheriff receiving such copies shall Sheriff to serve 
serve the same upon the jurors by delivering to each of 
them in person a copy of the order of appointment pro- 
vided for in the preceding article, or by leaving one of 
said copies at the usual place of abode of such juror. 
Service shall be made within twenty days after the 
sheriff receives said copies, and he shall make his return 
to the clerk on the duplicate copies, stating the date and 
manner of service, or if service has not been made, stat- 
ing the cause of his failure to make the same. 

Art. 4378. Any juror of view, summoned as such, 
who shall fail or refuse to perform the service required 
of him by law as such juror, shall forfeit and pay for 
every such failure the sum of ten dollars, to be recover- 
ed by judgment on motion of the district or county 
attorney, in the name of the county, in any court of 
competent jurisdiction of the county in which such 
defaulter may reside. 

Art. 4379. For the further and better providing for certain lines 
public roads, any lines between different persons or bet'n owners 
owners of land, any section line, or any direct line SSecfhlirS" 
through an enclosure containing twelve hundred and ways. 






Juror shall 
forfeit $10 00 
for failure to 
serve. 



hood Roads. 



Applicat'n, its 
requisites. 



Clerk shall 
issue notice. 



(Acts '84 P 22) ei S h \y a cr es of land or more, may, upon the conditions 
providea for in the following articles of this chapter, 
be declared public highways, and left open aud free 
from obstructions for fifteen feet on either side of said 
lines, but the marked trees and other objects used to 
designate said lines, and the corners of surveys, shall 
not be removed or defaced. 

M s a e n c n u e r r i ni Ar T* 438 °- Wnenever ten freeholders may desire the 
neighbor- boundary lines between different persons or owners of 
land to be declared a public highway, in order to give 
them a nearer, better or more practicable road to their 
church, county seat, mill, timber or water, they may 
apply to the commissioners' court for an order estab- 
lishing such road. 

Art. 4381. The application provided for in the pre- 
ceding article shall be in writing, and shall be signed 
and sworn to by the applicants. It shall designate the 
lines sought to be opened and the names and residences 
of the persons or owners to be affected by such pro- 
posed road, and shall state the facts which show a 
necessity for such road. 

Art. 4382. Upon the filing of such application, the 
clerk shall issue a notice reciting the substance thereof, 
directed to the sheriff or any constable of the county, 
commanding him to summon the owners of the land, 
naming them, whose lines are proposed to be left open, 
to appear at the next regular term of the commissioners' 
court to show cause why said lands should not be de- 
clared public highways. 

Art. 4383. The notice provided for in the preceding 
article shall be served in the manner and for the length 
of time provided for the service of citations in civil 
actions in justices' courts, and shall be returned in like 
manner as such citations. 

Art. 4384. At a regular term of the court, after due 
service of notice as provided in the preceding article, 
the commissioners' court may, in its discretion, should 
it deem the road of sufficient public importance, issue 
an order declaring the lines designated in the applica- 
tion to be public highways, and direct that the same be 
opened by the owners thereof, and left open for a space 
of fifteen feet on each side of said line. 

Art. 4385. When an order as provided in the pre- 
ceding article is made, the clerk shall without delay 
issue a notice reciting said order or its substance, 
directed to the sheriff or any constable of the county, 
commanding him to serve the owners of such lines 
named in such notice with a true copy thereof, and the 
officer to whom said notice is delivered shall without 
delay serve the same as therein directed, and return the 
same to the clerk, endorsing thereon the manner and 
date of such service. 

Art. 4386. The commissioners' court shall not be 
required to keep any such road as is mentioned in the 
last seven articles worked by road hands, as is the case 
with other public roads. 

Art. 4387. All costs attendiug the proceedings pro- 
vided for in relation to opening of neighborhood roads 
shall be paid for by the county, if the application be 
granted. 

Art. 4388. The commissioners' court may discon- 
tinue any neighborhood road which has been established 
as a public highway, in the same manner provided in 
this chapter for discontinuing other public roads 



Service of no- 
tice and re- 
turn. 



County Com'rs 
may declare 
the lines a 
highway. 

(Acts '84 P. 23) 



Notice shall be 
served upon 
owners. 



Shall not be 
worked b y 
Hoad hands. 



Cost of open- 
ing neigh- 
borhood 
Roads to be 
paid bv Co. 
(Acts '84 l\ 23) 

Shall be dis- 
continued as 
other public 
Koads. 



8 



Art. 4389. The owners of the land whose lines have 
been or may be declared public highways, and also any 
person through whose land a third class road may ruu, 
shall have the right to erect a gate or gates across said 
road or roads when necessary, said gate or gates to be 
not less than ten feet wide and free of obstructions at 
the top ; provided, that when the right of way for any 
third class road or neighborhood road has been granted 
to the county without cost, the owner of such land shall 
have the right to put a gate across such road or roads ; 
but where such right of way has been condemned and 
paid for according to existing law. the county commis- 
sioners' court shall have the right to prevent any ob- 
struction of such a road by a gate. 

Art. 4390. The amount of damages to be allowed to 
the owners of said lands for opening the line of a neigh- 
borhood road, as provided in this chapter, shall be 
assessed as provided for in the case of first, second and 
third class roads in this chapter. 

Art. 4390a. The county commissioners of the sever- 
al counties are hereby constituted supervisors of public 
roads in their respective counties, and each commis- 
sioner shall supervise the public roads within his com- 
missioners' precinct once each year, and shall receive 
as compensation therefor three dollars per day for the 
time actually employed in the discharge of his duties, 
to be paid out of the road and bridge fund of the county ; 
provided, that no commissioner shall receive pay for 
more than ten days in each year. He shall also make a 
a report to the first regular term of the commissioners' 
court held in this county during the year, said report to 
be made under oath, and to state : First, the condition 
of all roads and parts of roads in his precinct. Second, 
the condition of all culverts and bridges. Third, the 
amount of money remaining in the hands of overseers 
subject to be expended upon the roads within his pre- 
cinct. Fourth, the nnmber of mile posts and finger 
boards defaced and torn down. Fifth, what, if any, 
new roads of any kind should be opened in his precinct, 
and what, if any, bridges, culverts or other improve- 
ments are necessary to place the roads in his precinct 
in good condition and the probable cost of such improve- 
ments; also the name of any overseer who has failed to 
work the road, or in any way neglected to perform his 
duty. Said report shall be spread upon the minutes of 
the court to be considered in improving public roads 
and determining the amount of taxes to be levied there- 
for, and if any commissioner of any commissioners' 
court in any county in this State shall fail or refuse to 
discharge any or all duties made obligatory upon him 
by the provisions of section 1, article 4390a, he shall be 
deemed guilty of a misdemeanor, and, upon conviction 
therefor before any court of competent jurisdiction, 
shall be fined in any sum not less than ten nor more 
than fifty dollars. 

Art. 4390&. No entire road of the first or second 
class shall hereafter be discontinued except upon vaca- 
tion by order of the commissioners' court or non use for 
a period of three years. 

Art. 4390c. The report made by the supervisors of 
public roads to the commissioners' court, as provided 
for in article 4390a, shall be submitted, together with 
all contracts made by said court since its last report for 
any work on any road, to the grand jury, at the first 
term of the district court thereafter. 



Gates may be 
erected 
across cer- 
tain Roads. 

(Acts '84 P. 23) 



Damages in 
opening 3rd 
class Roads. 

(Acts '84 P. 23) 



Co. Comm'ers 
made supt r- 
visors of 
Roads. 



His annnal re 
port. 



Report spread 
on minutes. 



Penalty. 

(Acts '84 P. 23) 



Discontinn'ce 
of Road for 
non use 

(Acts : 84P 24) 

Supervisors 
report and 
contracts 
submitied to 
grand jurv. 

(Acts '84 P. 24) 



Co. Comm'ers Art. 4391. The commissioners' courts of the several 

Roa d^pre* counties shall lay off their respective counties into con- 

cincts. venient road precincts, and shall number each precinct; 

and in the order establishing the same shall specify as 

definitely as practicable the boundaries thereof. 

Appointm't of Art. 4392. An overseer shall be appointed and hands 
o ad over- apportioned by said court for each road precinct at the 
time of establishing the same; and at the first regular 
term of court in each year, the said court shall appoint 
an overseer for each road precinct in the county, and 
shall at the same time designate all the hands liable to 
work on public roads, and apportion them to the sever- 
al overseers; provided, that hands shall as nearly as 
practicable be apportioned to work on the road precinct 
nearest to their place of abode; and provided further, 
that the supervisor of public roads shall at any time 
apportion any hands in his precinct who, from any 
cause, may not have been apportioned as otherwise pro- 
vided in this act. 



seer. 

Apportion- 
ment of 
hands. 



Can appoint 
other over- 
seers at any 
term. 



Art. 4393. If from any cause the said court should 
fail to perform the duties required of it by the preced- 
ing article, at its first regular term in each year, it shall 
be competent and legal for said court to perform said 
duties at any subsequent term, whether the same be a 
regular or called term. 

in case of Art. 4394. In case of the death, removal or other 

moval^Vof "^Hity act > of an y roa d overseer, it shall be the duty 

overseer. of the county judge, immediately upon information of 

the fact, to appoint an overseer to fill such vacancy, who 

shall be notified of his appointment as in other cases. 

Duty of clerk Art. 4395. It shall be the duty of the clerk of said 
oversVers^ C0lirt to ma ^e out copies of all orders appointing over- 
commissions seers of roads in duplicate, and deliver the same to the 
sheriff of the county within ten days after any such 
order shall have been made, endorsing on such copies 
the date of the orders of appointment. 

What it shall Art. 4396. All orders appointing overseers shall 

show. embrace the designation of hands liable to work under 

such overseer, as far as known, and shall specify the 

boundaries of such overseer's road precinct, as laid off 

by the court. 

sheriff shall Art. 4397. The sheriff shall, within twenty days after 
serve and the reception of the copies of the orders appointing an 
overseer, deliver to, or leave at the usual place of abode 
of such overseer, one of such copies, and shall return the 
duplicate of such copy to the clerk of the county court, 
endorsing thereon the date and manner of service, and 
if not served the cause of his failure to serve the same. 



make t 
tarn. 



re- 



Term of eer 
vice of Road 
overseer. 



Persons exm't 
as overseers. 



Duty of per- 
sons exempt 
to notify 
clerk. 



County Judge 
shall appoint 
another. 



Art. 4398. The term of serivce of a road overseer 
shall be from the time of the service of the order of ap- 
pointment until the first regular term of the commis- 
sioners' court in the succeeding year. 

Art. 4399. No person shall be compelled to serve as 
an overseer who is lawfully exempt from road duty, 
nor shall any one be compelled to serve as overseer for 
more than one year in every three successive years. 

Art. 4400. It shall be the duty of every person ap- 
pointed overseer of a road, who is lawfully exempt from 
road duty, to notify the clerk of the county court of his 
non-acceptance, within ten days after his being notified 
of his appointment. 

Art. 4401 If any person appointed overseer of a 
road, who is lawfully exempt from road duty shall not- 
ify the clerk of his non-acceptance as provided in the 



10 



preceding article, the clerk shall forthwith report the 
same to the county judge, who shall immediately ap- 
point another overseer for said road precinct. 

Art. 4402. Should any person appointed overseer, Failure to no- 
and who is lawfully exempted from road duty, fail to ceptance a <>f 
notify the clerk of his non-acceptance within ten days appointment 
after his being notified of his appointment, it shall be 
considered an acceptance of the appointment, and he 
shall not be permitted thereafter to plead his exemption 
from road duty as a defense against any neglect or fail- 
ure to perform any of the duties of such overseer. 

Art. 4403. It shall be the duty of the clerk to insert oierk shall 
on the copies of all orders or appointment of overseers insert duties 
issued by him, the duties required of overseers in regard Ifon ^acceu? 
to their non-acceptance of such appointment. ance# 

Art. 4404. The clerks of the county courts of the oierk shall 
several counties in this State shall post up in their post list of 
respective court houses, on the first day of each term overseers, 
of the district court held in his county, a list of the 
names and road precincts of all the overseers of roads 
in the county. 

Art. 4405. All male persons between the ages of who are liable 
eighteen and forty-five years shall be liable, and it is and who ex- 
hereby made their duty, to work on, repair and clean R^addutv 1 " 
out the public roads under the provisions and regula- 
tions of this title, except ministers of the gospel in the (Acts '85 P. 43) 
active discharge of their ministerial duties, invalids, 
members of any company of volunteer guards organized 
under provisions of the title "Militia" and members of 
all volunteer fire companies in the active discharge of 
their duties as firemen, who shall be exempt. Amended 
March 24th, 1885. 

Art. 4406. No person shall be compelled to work Residence o t 
on a road who has not been residing in the county in fifteen days 
which he is summoned to work for the space of fifteen n^bYe °t* e 
days immediately preceding such summons. duty. ° 

Art. 4407. Any person liable to road duty, and who Substitute 
has been summoned to do such duty, shall have the may be fur- 
privilege to furnish an able bodied substitute to work nlsned » 
in his place, which substitute shall be accepted by the 
overseer if he be capable of performing a reasonable 
amount of work; otherwise he shall not be accepted. 

Art. 4408. Every person liable to work on roads, by p J7 "J^jft 
paying to his road overseer at any time before the day release 
appointed to work on his road, the sum of one dollar 
for each day that he is summoned to work, shall be 
exempt from working for each day paid for, and also 
exempt from any penalties for failure to work for the 
time for which he has so paid. 

Art. 4409. Each person summoned to work on a H £J"£U$7 n 
road shall take with him an axe, hoe, pick, spade or Drm « wolu - 
such tool as may be desired and directed by the over- 
seer, or if he has no such tool as he is desired and 
directed by the overseer to take with him, he shall take 
such other suitable tool as he may have. 

Art. 4410. It shall be the duty of each road hand to ^^r^eieht 
perform his duties as such in accordance with the direc- h 0nrs . 
tions of his overseer, and a day's work, within the 
meaning of this act, shall be eight hours' efficient ser- (Acts '89 P. 21) 
vice, when said service is voluntarily performed. 

Art. 4411. No person shall be compelled to work on Five days In 
any public road or roads more than five days in each °°® g y ,JJp ^ 
year. * ' ' 

11 



Road must be 
worked twice 
a year. 



Art. 4412. "Rvery overseer shall cause the road 
through his precinct to be worked at least twice in each 
year. 

Art. 4413. Overseers of roads shall have the power 
to call out all persons liable to work upon public roads 
at any time such overseer may deem it necessary, or 
(Acts '89 P. 21) w hen ordered by the commissioners' court or other 
competent authority, and such hands may be called out 
in detail, or the whole force at any one time, as may be 
deemed best, or as they may be directed, for the better 
improvement of the public roads. 



Power of over- 
seers to call 
out hands. 



Shall summon 
all persons 
liable to work 



Mode of sum- 
m o n 1 n g 
hands. 



Summons, how 
served. 



Overseer may 
appointsome 
one to sum- 
mon hands. 



Overseer shall 
report de- 
faulting 
hands. 



Timber used 
to be paid for 



Art. 4414. In case any persons liable to work on 
roads shall not have been designated and apportioned 
by the commissioners' court, the overseer of the road 
nearest which such person lives shall summon such per- 
son to work on such road the same as if such person had 
been designated and apportioned to such overseer. 

Art. 4415. It shall be the duty of the overseer to 
give three days' previous notice, by summons in person 
or in writing, to each person within his road precinct 
liable to road duty in said precinct, of the time and 
place, when and where such person is required to ap- 
pear to work on said road, and the number of days such 
person will be required to work. 

Art. 4416. If the summons be in writing, it may be 
served by leaving the same at the usual place of abode 
of the person summoned, with some person residing at 
such place who is not less than ten years of age, or if 
no person ten years of age or over can be found at such 
place of abode, the overseer may serve the same by 
posting it on the door of such abode. 

Art. 4417. The overseer shall have power to appoint 
some one to summon the hands to work on the road, 
and such person shall be exempt from working on the 
road as many days as he was actually engaged in 
summoning the hands. 

Art. 4418. It shall be the duty of the overseer, with- 
in ten days after he has had his road worked, to file 
with the county attorney of his county, or the justice of 
the peace of his precinct, a complaint in writing and 
under oath, against any person who has been summoned 
to work and who has failed to work and failed to 
furnish a substitute, and has failed to pay one dollar 
for each day he has so failed to work or furnish a sub- 
stitute, and also against each person so summoned who 
has refused to do a reasonable amount of work on the 
road, or who has refused to perform the reasonable 
directions of the overseer. The fact that the commis- 
sioners' court of the several counties will shortly meet 
and levy taxes for 1884, and the further fact that it is 
important for this act to go into effect immediately, for 
the purpose of securing to the people the fall benefit of 
the recently adopted constitutional amendments, con- 
stitute an imperative public necessity, requiring that 
the constitutional requirment requiring bills to be read 
on three several days be suspended; therefore it is en- 
acted that the constitutional rule be suspended, and 
that this act take effect from and after its passage. 

Art. 4419. When to the overseer it may appear ex- 
pedient to make causeways and build bridges, the tim- 
ber most convenient therefor may be used; but in such 
case the owner of such timber shall be paid out of the 
county treasury a fair compensation for the eame to 
be determined by the commissiouers' court upon the 
application of such owner. 

M 



Damages 
caused by 
drains. 

Pay of. 

(Acta '88 P. 80) 



Art 4420. The earth necessary to construct a cause- Const ructing 
way shall be taken from both sides, so as to make a drain8 « 
drain on each side of such causeway. 

Art. 4420a. Whenever it is necessary to drain the 
water from any public road, the overseer shall cut a 
ditch for that purpose, having due regard to the natural 
water flow, and with as little injury as possible to the 
adjacent land owner; provided, that in such cases the 
commissioners' court shall cause the damages to such 
premises to be assessed and paid out of the general rev- 
enues of the county, and in case of disagreement between 
the commissioners' court and such owner, the same may 
be settled by suit as in other cases. 

Art. 4421. When it may be necessary to use a wagon 
for any purpose in working a road, or a plow or scraper, 
the overseer of such road is authorized to exchange the 
labor of any hand or hands bound to work on such road, 
for the use of a wagon or wagons, plows or scrapers, 
and the neceseary teams to operate the same, at reason- 
able rates, to be employed as aforesaid. 

Art. 4422. It shall be the duty of all overseers of 
roads to measure such parts of roads as are within their 
respective precincts in continuation, and set up posts of 
good lasting timber or stone at the end of each mile 
leadingfroin the court house, or some other noted place, 
and to mark on said posts in legible and enduring figures 

[ the distance in miles to said court house or other noted 

! place. 

Art. 4423. It shall also be the duty of overseers to index boards. 

j place conspicuously and permanently, at the forks of 
all public roads in their respective precincts, and at all 
roads crossing or leading away from such public roads, 

] index boards, with directions plainly marked thereon, 

i stating the most noted place to which each of said roads 

j leads. 



Overseer may 
exchange la- 
bor for team 
or wagon ,&c. 



Road measured 
and mile 
posts. 



Art. 4424. When a mile post or index board shall 
be removed or defaced by any means whatever, the 
overseer shall cause the same to be replaced imme- 
diately by another, marked as the original one. 

Art. 4425. The overseer is authorized to exchange 
the labor of any hand or hands bound to work on his 
road, for the making of index boards or mile posts, or 
either. 

Art. 4426. Overseers of roads shall apply all money 
coming into their hands as such overseers, to the im- 
provement of their roads in an impartial manner, by re- 
pairing or building bridges, hiring hands or teams to 
work on the road, or in such other manner as he may 
deem best. 

Art. 4427. It shall be the duty of each overseer to 
report, in writing and under oath, to the commission- 
ers' court of his county, at the first regular term thereof 
in each year, giving the number of hands and their 
names in the precinct liable to work on the roads ; the 
number of days he has caused his road to be worked ; 
the condition of such road ; the amount of the funds 
received by him for his road ; from whom received and for 
what purpose, and to whom and for what purpose said 
funds have been paid out, and the amount of such f nnds, 
if any, that remain in his hands; and he shall at the same 
time pay over to said court any such funds which may 
remain in his hands. 



Replace same 
when re- 
moved. 



Exchange la- 
bor for mile 
posts. 



Overseer shall 
apply money, 
how. 



Overseer to re- 
port at the 
February 
Term. 

(Use Barnard's 
form 1739; It 
saves labor 
to the over 
seer, the 
court and 
clerk.) 



18 



to P overseer Art - 4428 * Overseers shall retain out of money that 
and jury ex- may come to their hands as such overseers, ten per 
emption. cent, thereof as compensation for their services, and 

during their term of service they shall be exempt from 

serving upon juries. 

M 8i>ent y under Art. 4429 « All moneys appropriated by law or by 
direction of order of the commissioners' court for working public 
Com'rs Court roads or building bridges shall be expended under 
the order of the commissioners' court, except when 
otherwise herein provided, and said court shall from 
time to time make the necessary orders for utilizing 
such money and for utilizing convict labor for such 
purpose. 

Hands to be Art. 4429a. Overseers shall dismiss from the road 
who™* all" C to anv nan d or hands, whether working for themselves or 
render effi- as substitutes for others, who shall fail to do good and 
dent service efficient work, or who shall hinder other hands from 
or is drunk, doing their work properly, or dismiss any hand who 
(Acts '89 P. 21) may be intoxicated, or who shall refuse to obey any 
reasonable order of the overseers ; and the overseer shall 
proceed against such hand or hands so dismissed in the 
same manner as if they had refused to obey the sum- 
mons to work upon the road. 

° VaVi W e Art. 4430. Overseers of roads shall cause bridges to 
b r i d g e V s De erected across all such water-courses and other 
built, when, places as may appear to them necessary and expedient ; 
&c - and should there be a water-course or other place that 

(Act July 29, requires a bridge, dividing any two road precincts, the 
i876,p.67,§2o/ overseer of each of said precincts, together with their 
hands, shall meet at the same time and place to con- 
struct such bridge, and the overseer chosen by a major- 
ity of the hands present shall superintend the building 
of such bridge until finished. 

C be^roriledon Art. 3602, Any person who may be convicted of a 
road or Co. misdemeanor or petty offense, and who shall be corn- 
farm {officers' mitted to jail in default of the payment of the fine and 
costs. costs adjudged against him, may be worked upon the 

(Acts '87|P. 11) public roads or upon the county farms of the county in 
which such conviction is had, or be hired out to any 
individual, company or corporation within the county 
o f conviction, to remain in said county, and the pro- 
ceeds of said hiring, when collected, shall be applied, 
first, to the payment of the costs, and second to the 
payment of the fine; and every convict shall be entitled 
to a credit of twenty-five cents on his fine and costs for 
each day he may serve under such hiring, including 
Sunday, and he shall be discharged at any time upon 
payment of the balance due on his fine and costs or up- 
on the expiration of his term of service, his term of 
service in no event to be greater than one day for each 
twenty-five cents of fine and costs: Provided, That in 
no case shall the counties be responsible to the officers 
for their costs, and in no case shall such convicts be 
hired out for a longer period than two years for failure 
to pay a fine and costs, and on the expiration of said 
time, unless by his hire such fine and costs have been 
sooner paid off, said convicts shall be finally discharged. 
Approved, March 1, 1887. 

CHAPTER III, ACTS 1889. 

Com'rs may Section 1. Be it enacted by the Legislature of the State 

J m adcom- °f Texas: That each county commissioners' court of 

miss loners, this state may employ not exceeding four road commis- 

pay, |2 per gioners for their respective counties, who shall be resi- 

dmy# dent citizens of the district for which they are employed, 

and when more than one is employed, the district that 

each road commissioner is to control shall be defined 

and fixed by the court; such road commissioners when 

employed shall receive such compensation as may be 

agreed upon by the court, not to exceed two dollars per 

14 



day for the time actually engaged. Each road commis- Give bond 
sioner, when employed, before he enters upon his duties, 
shall execute a bond, payable to the county judge of the 
county and his successors in office, in the sum of one 
thousand dollars, with one or more good and sufficient 
sureties, to be approved by the county judge, and con- 
ditioned for a faithful performance of his duties. 

Sec. 2. — A road commissioner when employed shall Their powers. 
have control over all overseers, hands, tools, machinery 
and teams to be used on the roads in his district ; and 
shall have the power to require overseers to order out 
his hands in any number he may designate for the pur- 
pose of opening, working, or repairing the roads or 
building or repairing bridges or culverts of his district; 
and it shall be the duty of such road commissioner to 
see that all the roads and bridges of his district are kept 
in good repair, and he shall, under the direction and 
control of the commissioners' court, inaugurate a sys- 
tem of grading and draining public roads in his district, 
and see that such system is carried out by the overseers 
and hands under his control, and shall obey all orders of 
the commissioners' court; and he shall be responsible 
for the safe keeping and liable for the loss or destruc- 
tion of all machinery, tools or teams placed under his 
control, unles such loss is without his fault, and [when] 
he shall be discharged he shall deliver them to the per- 
son designated by the court. 



Eespon sible 
for tools, &c. 



Sec. 3. — He shall expend such money as may be 
placed in his hand by the commissioners' court under 
its direction in the most economical and advantageous 
manner on the public roads, bridges and culverts of his 
district; and all his acts shall be subject to the control, 
supervision, orders and approval of the commissioners' 
court; he shall work the convicts and such other labor 
as may be furnished him by the commissioners' court; 
and when the road commissioner shall have funds in 
his hands to expend for labor on the roads, and it shall 
be necessary for any overseer or overseers in his district 
to work more than five days during any one year upon 
the public roads, he may employ such overseers to con- 
tinue their duties as such for such a length of time as 
may be necessary, and pay them for their services not 
more than one dollar and fifty cents per day for the 
time actually employed after the five days: Provided, 
That hands shall not be required to work when there 
shall be on hand, after building and repairing bridges, 
a sufficient road fund to provide for the necessary work 
on the roads. 

Sec. 4. — Said road commissioner shall report to the 
commissioners' court at each regular term under oath, 
showing an itemized account of all money he has re- 
ceived to be expended on roads or bridges and what 
disposition he has made of the money, and showing the 
condition of all roads, bridges and culverts in his dis- 
trict, and such other facts as the court may desire in- 
formation upon, and shall make such other reports and 
at such time as the court may desire. 

Sec. 5. — Any road commissioner who shall willfully 
fail to comply with any of the provisions of this act 
shall be deemed guilty of a misdemeanor, and upon 
conviction shall be punished by fine of not less than 
twenty-five nor more than two hundred dollars. 

Sec. 6. — The commissioners' court shall see that the 
road and bridge fund of the county is judiciously and 
equitably expended- on the roads and bridges of the 
county, and as nearly as the condition and necessity of 
the roads will permit, it shall be expended in each 
county commissioners' precinct in proportion to the 



Shall expend 
money as di- 
r e c t e d by 
Com'rs Ct. 



Road Com'rto 
report to 
Com'rs each 
reg. term. 



Pen alty for 
failure to 
comply with 
this act. 



Com'rs Conrt 
to see that 
money is ju- 
dlcio u si y 
spent. 



15 



Certain roads 
to have pre- 
ference. 



Com'rs Court 
to make rules 
for working, 
to purchase 
tools, teams, 
etc. 



Corn's Court 
may accept 
donations 10 
build roads 
and require 
certain work 
to be done 
under Eoad 
Oom'r. 



When road 
Com'rs are 
app'nted Co. 
Com'rs not 
required to 
supervise 
road. 



Cities and 
townshaving 
no de facto 
government, 
Com'rs Court 
shall have 
control of 
streets. 

(Acts '85 P.25) 



amount collected in such precinct; and in expending 
money in building permanent roads the money snali 
first be used only on first or second class roads, and on 
those which shall have the right of way furnished free 
of cost to make as straight a road as is practicable to 
obtain and having the greatest bonus offered by the 
citizens of money, labor, or other property. 

Sec. 7. — The commissioners' courts are authorized to 
make all reasonable and necessary rules and orders for 
the working and repairing of public roads, and to util- 
ize the labor to be used as money expended thereon, not 
in conflict with the laws of this state, and enforce such 
rules and orders; and they are further authorized to 
purchase or hire all necessary road machinery, tools or 
teams, and hire such labor as may be needed in addi- 
tion to the labor not required of citizens to build or re- 
pair the roads. 

Sec. 8. — Commissioners' courts or road commissioners 
may accept donations of money, lands, labor of men, 
teams, or tools, or any other kind of property or mate- 
rial to aid in building roads in their counties, and may 
authorize any person to make a drain along any public 
road for the purpose of draining his land, and require 
the person draining his land to do such work under the 
direction of the road commissioner. 

Sec. 9. — Be it further enacted, That this act shall not be 
construed to repeal any existing law, but it is cumula- 
tive and in aid of the existing law: Provided, That 
when road commissioners are employed the county 
commissioners are not required to supervise the roads 
as required by Article 4390a, Revised Statutes : Provided, 
Nothing in this law shall be construed so as to require 
more than five days' service in one year of ariy citizen. 

CITY AND TOWN. 

Section 1. Be it enacted by the Legislature of the State 
of Texas: That in all cities and incorporated towns in 
the State of Texas in which from any cause their is not 
a de facto municipal government in the active discharge 
of their offiicial duties, the commissioners' court of the 
county in which such city or incorporated town is situ- 
ated shall assume and have control of the streets and 
alleys thereof, and shall have the same worked under 
the law and regulations for the working of public roads, 
and such streets and alleys for the purposes of this act 
shall be held and denominated public roads, provided, 
that all residents of any city or town, having no de facto 
city government, not otherwise exempt from road duty, 
shall be liable to road service as in other cases. 



City Council to Abticle 375. To have the exclusive control and 
over streeu' power over the streets, alleys, and public grounds and 
grounds and' highways of the city, and to abate and remove encroach - 
alleys. ments or obstructions thereon ; to open, alter, widen, 

extend, establish, regulate, grade, clean and otherwise 
improve said streets; to put drains and sewers therein, 
and to prevent the encumbering thereof in any manner, 
aDd to protect the same from encroachment or injury; 
and to cause all able-bodied male inhabitants above 18 
years of age, except ministers of the gospel, to work 
thereon not exceeding five days in any one year, or fur- 
nish a substitute or a sum of money (not to exceed one 
dollar for each day's work demanded) to employ said 
substitute, and to enforce the same by appropriate ordi- 
nances; and to regulate and alter the grade of premises, 
and to require the filling up and raising of the same ; and 
^afi J acate an such city council shall also have power to alter or vacate 
ey " the alley in any block of ground within the city, upon the 

( Acts'89 P.1&2) written application of the owner of the block, or if there 



16 



be more than one owner of such block, then upon the 
written application of all the owners thereof uniting in 
such application, and such alleys so vacated shall there- 
upon revert to and become the property of the owner of 
the block of which it was a part, or if more than one, 
then to the owners of the adjoining lots therein, each 
extending to the center of the alley so vacated. 

Section 1.— Be it enacted by the Legislature of the State N J e r0 a p d e B n h S 
of Texas: That no public road shall be opened across across land 
lands owned and used or for actual use by the state, owned by the 
educational, eleemosynary, or other public state insti- state for ea- 
tutions for public purposes and not subject to sale under and other 
the general laws of the state, without the consent of the purposes, 
consent of the trustees of said institution and the ap- 
proval of the governor of the state, and the roads here- ( c 8 F « 1S *) 
tofore opened across such lands may be closed by the 
authorities in charge of any such lands whenever they 
deem it necessary to protect the interests of the State, 
upon repayment to the county where the land is situ- 
ated, with eight per cent, interest, the amount actually 
paid out by said county for the condemnation of said 
lands as shown by the records of the commissioners' 
court. 

PENAL CODE. 



OFFENSES PERTAINING TO PUBLIC ROADS AND 
IRRIGATION. 

Article 408. If any person subject to public road Refusing to 
duty under the laws of this State, shall willfully fail or geer ea80ver * 
refuse to serve as overseer of any road in his road dis- 
trict or precinct, when duly appointed as such overseer ^JJ 1 *^ $1 ° t0 
by the commissioners' court of his county, he shall be * 
fined not less than ten nor more than fifty dollars. 

Art. 409. If any overseer of a public road in this °I n r g e £j per- 
State shall willfully fail, neglect or refuse to perform formauty. 
any duty imposed upon him bylaw; or shall so fail, 
neglect or refuse to keep the road, bridges and cause- Fe ^ ltJ ' $1 ° t0 
ways in his precinct or district clear of obstructions and 
in good order; or shall willfully suffer such road, 
bridges or causeways to remain uncleared and out of 
repair for twenty days at any one time, he shall be fined 
not less than ten nor more than twenty -five dollars. 

art. 410. If any overseer of a public road in this °^e S to rsfaI1 - 
state shall fail, within six months of his appointment ure and 6 set 
as such, to measure the road or roads in his precinct or up posts, &c. 
district, and set up posts of lasting timber at the end of p . 
each mile leading from the court-house or some other na y ' * ' 
noted place or town, and to mark on such posts, in 
legible words and figures, the distance in miles to said 
court-house or other noted place; or shall fail, when 
any such post is destroyed or removed, to replace the 
same with another marked as the original; or shall fail 
to affix or set up at the forks of all public roads in his 
district or precinct, index boards with directions point- 
ing toward the most noted places to which they lead, 
he shall be fined in the sum of five dollars. 

Art. 411. If any person liable under the law to work A , ny K , p ?* 8 ° n 
upon the public roads shall willfully fail or refuse to du ty f.mng 
attend, either in person or by substitute, at the time and to attend or 
place designated by the road overseer of his district or pay;penaity, 
precinct, after being legally summoned ; or shall fail, on * * 
or before the day for which he is summoned to attend, 
to pay to such overseer the sum of one dollar per day 
for each day he may have been notified to work on the 
road; or having attended, shall fail to perform any duty 
required of him by law and such overseer, he shall be 
fined in any sum not exceeding ten dollars. 

17 



Failure to give 
public road; 
penalty, 320. 



Gate across 
road 10 feet 
wide. 



Hitching post, 
stile block. 

Leave open a 
gatejpenalty 
$5 to.} 20. 

(Act '84 P. 18) 



Unlawful to 
fence over 3 
lineal miles 
in same gen- 
eral direction 
without a 
gate. 



Penalty, $1.00 
to $200.00. 

(Acts '84 P. 37) 



Com'rs shall 
Jay out one 
first-class 
road north 
and south & 
east and west 
Intersecting 
at or near 
center of 
County. 



Art. 412. Whenever the commissioners' court in any 
county in this state shall duly declare the boundary 
lines between the lands of different persons or owners a 
public highway, in accordance with law, if any such 
person or owner shall fail, neglect or refuse, for twelve 
months after legal notice thereof, to leave open his land 
free from all obstructions, for ten feet on his side of the 
line so designated, he shall be fined not more than 
twenty dollars for each month after the twelve months 
aforesaid, in which he may so fail, neglect or refuse. 

Art. 413. Any person or persons placing a gate on 
or across any third-class road, or on or across any road 
such as is designated in article 412 of the penal code, 
shall be required to keep said gate and the approaches 
to the same in good order, and the gate shall be ten 
feet wide and so constructed as to cause no unnecessary 
delay to the traveling public in opening and shutting 
the same, and provide a fastening to hold said gate 
open till the passengers go through, and such person 
or persons shall place a permanent hitching post and 
stile block on each side of and within sixty feet of such 
gate. Any person or persons who may hereafter place 
a gate across a third-class road, or on or across any 
road such as is designated in article 412, who shall 
willfully or negligently fail to comply with the require- 
ments of this article, shall be deemed guilty of a mis- 
demeanor, and on conviction may be fined in any sum 
not less than five dollars nor more than twenty dollars 
for each offense, and each week of such failure shall 
constitute a separate offense. Any person or persons 
who shall willfully or negligently leave open any gate 
on or across any third-class road, or on or across any 
road such as is designated in article 412, shall be 
deemed guilty of a misdemeanor, and on conviction 
mav be fined in any sum as above provided for. Acts 
'84,' p. 18. 

GATEWAYS AND FENCES. 

Section 1 . Be it enacted by the Legislature of the State 
of Texas: That it shall be unlawiul for any person 
or persons, by joining fences or otherwise, to build 
and maintain more than three miles, lineal measure, 
of fence running in the same general direction without 
a gateway in same, which gateway must be at least 
eight feet wide and shall not be locked. Provided, that 
all persons who have fences already constructed in 
violation of this section shall have six months within 
which to conform to the provisions. 

Sec 2. If any person or persons shall build or 
maintain more than three miles, lineal measure, of 
fencing running in the same general direction, without 
providing such gateway, he shall be deemed guilty of 
a misdemeanor, and upon conviction shall be fined in 
any sum not less than one nor more than two hundred 
dollars, and each day that such fence remains without 
such gateway shall constitute and be punished as a 
separate offense. 

Sec 3. The provisions of this bill shall only apply 
to pasture land. 

Section 1. Be it enacted by the Legislature of the State 
of Texas: That the commissioners' courts of the sev- 
eral counties shall see that at least one firs-class road 
of the width prescribed by law, is laid out and opened 
from the county seats of their respective counties, on 
the most direct and practicable route, to the lines of 
their county, in the direction of the county seats of 
each adjacent county, where no part of another county 
intervenes between the county seats of such counties, 
or if a border county, to meet the nearest road to the 



18 



border, and if any adjacent county is not organized, 
then in the direction of the center of such county. 
And the commissioners , court of a county to which one 
or more unorganized counties are attached for judicial 
purposes, shall lay out and open at least two first-class 
roads, sixty feet in width, through the extent of each 
such unorganized county, to intersect at right angles as 
nearly as may be at the center of the county, and to 
meet at the county line similar roads of the adjacent 
counties. In the counties now having public roads 
substantially complying with the preceding require- In ,fJJJjganized 
ment as to course, the court shall be required only to attached 
give such roads the width of sixty feet and clear them con n t i e s| 
of obstructions; such roads, however, shall not be laid chiefly, 
out across orchards, yards, lots or graveyards, or with- 
in one hundred feet of a residence without the consent 
of the owner; provided, that this law shall not apply to 
counties where there already exists a sufficiency of 
public roads. 

Sec. 2. Provides that it shall be the duty of each 
commissioners' court within ninety days after the 
passage of this act, on their own motion, to appoint a 
jury of view to lay out the roads required in section 1, 
etc. As this act was approved Feb'y 7, 1884, and it 
contains no provision requiring counties thereafter or- 
ganized to take similar action, and as the presumption 
is that the law has been complied with, we omit the 
latter portion of the act, which will be found in Acts 
'84, p. 63. 

ROAD TAX 

The acts of 1891, chap. 48 provides, that upon peti- 
tion of 200 qualified voters, the commifsioners' court 
may order an election to levy a tax not exceeding 15c. 
on the $100 worth of property, for road and bridge 
purposes. 

Collin Co. has special road law. See acts '91. p. 66 
and p. 154, sec. 26. 

Lavaca Co. has special road law. See acts '91, p. 174. 



GENERAL ROAD LAW 

Authorizing Appointment of Boad Superintendent. 

The counties of Grayson, Travis, Houston, 
Dallas, Limestone, Fayette, Galveston, Cherokee, Gon- 
zales, Wood, Raines, Harrison, Shelby, San Augustine, 
Sabine, Newton, Jasper, Tyler, Morris, Marion, Victoria, 
Goliad, Refugio, Aransas, Calhoun, Jackson, DeWitt, 
Hopkins, Comal, Upshur, Blanco, Camp, Gillespie. 
Lavaca, Parker, Panola, Milam, Lamar, Hill, Smithj 
Gregg, McLennan, Harris, Washington, Titus, Cass, 
Franklin, Delta, Angelina, Nacogdoches, Bowie, Mont- 
gomery, Walker, Trinity, Red River, Henderson, Van 
Zandt, Tarrant, and Jack counties are exempted from 
the provisions of this act. Provided, that the county 
commissioners' courts of Dallas and Collin counties 
may accept and adopt the provisions of this act, in lieu 
of the special acts for Dallas, Collin, Grayson and other 
counties, if in their judgment its provisions are better 
suited to Dallas and Collin Counties than the said 
special laws. 

Section 1. Be it enacted by the Legislature of the State Com'rs'ct.mayj 
of Texas: That the commissioners' court of any county appoint one 
in this state may appoint one road superintendent for perintemiend 
such county, or one superintendent in each commis- for the co. or] 
sioner's precinct, and such courts are authorized by an one for each J 
order made at any regular term thereof to determine SSSi' 8 ' pre " 



19 



Com'rs* ct. to 
appoint one 
or four. 



Shall 
bond. 



give 



Qualifications. 
Term of office. 



Com'rs'ct. may 
remove. 



Salary of Supt. 



Sli all have su- 
pervision of 
roads. 



whether there shall be one road superintendent for the 
county or one for each of the commissioner's precincts 
therein. Such order shall be entered on the minutes of 
such court and ghall not be void for want of form, but a 
substantial compliance with the provisions of this act 
shall be sufficient. Provided no county shall be under 
the operations of this act whose commissioners' court 
does not appoint a road superintendent or superintend- 
ents as herein provided. 

Sec. 2. In case such commissioners' court shall de- 
termine that there shall be one "road superintendent," 
as provided in the preceding section, such court shall 
appoint a competent "road superintendent" for such 
county, and in case it is determined that there shall be 
four superintendents, then such court shall appoint a 
competent person as "road superintendent" for each 
commissioner's precinct in such county. 

Sec. 3. Each "road superintendent" whether county 
or precinct, shall, within twenty days after his appoint- 
ment, take and subscribe the oath required by the con- 
stitution, and enter into bond payable to the county 
judge and his successors in office, with good and suffi- 
cient sureties to be approved by the county judge, in 
such sum as may be fixed by the commissioners' court, 
conditioned that he will faithfully do and perform all 
the duties required of him by law or the commisioners' 
court, and that he will pay out and disburse the funds 
subject to his control as the law provides, or the com- 
missioners' court may direct, which bond shall be filed 
and recorded as other official bonds and shall not be 
void for the first recovery, but may be sued on from time 
to time until the full amount is exhausted. 

Sec. 4. Every road superintendent shall be a quali- 
fied voter in the county or precinct, as the case may be, 
for which he is appointed, and shall hold his office for 
two years or until his successor is appointed and quali- 
fied, but in all cases where the condition of the roads 
do not demand the continued services of the superin- 
tendent, his salary may, in the descretion of the com- 
missioners' court, be suspended. The commissioners' 
court may for good cause remove any road superin- 
tendent, and in case of vacancy from any cause may 
appoint a successor who shall hold his office for the un- 
expired term. 

Sec. 5. Each road superintendent shall receive such 
salary as may be fixed by the commissioners' court' to be 
paid on the order of said court at stated intervals, but 
the salary of the county superintendent, in counties of 
less than fifteen thousand inhabitants, shall never ex- 
ceed one thousand dollars per annum; in counties of 
more than fifteen thousand inhabitants, it shall not ex- 
ceed twelve hundred dollars per annum. That the sal- 
ary of precinct superintendents in counties of less thai 
fifteen thousand inhabitants shall not exceed three 
hundred dollars per annum, and in counties of over 
fifteen thousand inhabitants it shall never exceed four 
hundred dollars per annum. 

Sec. 6. The road superintendent, subject to the 
orders and directions of the commissioners' court, shall 
have the general supervision over all the public roads 
and highways of his county or precinct, as the case may 
be, ana shall superintend the laying out of new roads, 
the making and changing of roads therein, the building 
of bridges therein (except where otherwise contracted), 
the working of the roads therein and all repairs to be 
made on the same, and over all county convicts worked 
on such roads, but this shall not prevent the commission- 



20 



Powers and 

duties. 



His responsi- 
bility. 



ers' court from employing a person to watch and man- 
age such convicts and direct the work to be done by 
them, said road superintendent shall take charge of 
all tools, machinery implements and teams placed under 
his control by the commissioners' court and execute his 
receipt therefor, which shall be filed with the county 
clerk, and he shall be responsible for the safe keeping 
of all such machinery, tools, implements and teams, 
and the proper expenditure and paying out of all money 
belonging to the road fund that may come into his 
hands, and shall be liable for the loss, injury or des- 
truction of any such tools, teams, implements or 
machinery unless such loss occurred without his fault, 
and for tho wrongful or improper expenditure of any 
such money, and upon the expiration of his term of 
office, or in case of his resignation or removal, he shall 
deliver all such money and property to his successor or 
such other person as the commissioners' court may 
direct. 

Sec. 7. It shall be the duty of each road superin- Shall perform 
tendent to see that all of the roads and bridges in his tne duties 
county or precinct, as the case may be, are kept in good ing^on^road 
repair, and he shall under the direction of the commis- supervisors, 
sioners' court, inaugurate and carry out a system of 
working, grading and draining the public roads in his 
county or precinct, and shall see that every person sub- 
ject to road duty in his county or precinct performs the 
work to which he is liable under the law. He shall act 
as supervisor of the roads in his county or precinct, as 
the case may be, and perform all the duties as super- 
visor that now devolves on the county commissioners 
under the existing laws in counties not adopting this 
act, and he shall do and perform such other service as 
may be required of him by the commissioners' court. 



districts. 



Sec. 8. Each road superintendent in the counties shall divide his 
where the commissioners' court so directs, as soon as co. into road 
practicable, shall divide his county or precinct, as the 
case may be, into road districts of convenient size, to be 
approved by the commissioners' court, and define the 
boundaries thereof and designate the same by number, 
which boundaries shall be recorded in the road minutes 
of the commissioners' court. And he shall ascertain 
the names of all persons subject to road duty in each Report, 
road district, and keep a record thereof and report the 
same to the commissioners' court. 



summon 
hands. 



Sec. 9. Each road superintendent shall have power, shall call out 
and it shall be his duty to call out all persons liable to hands, 
work on the public roads at any time and in such num- 
bers as he may deem necessary to work the roads 
in their respective districts, and he shall utilize all such 
labor to the best advantage in connection with other 
labor on the roads. The call shall be summons served 
in the manner and for the length of time prescribed by 
the law regulating the calling out of hands by overseers. May appoint 
but no person shall be compelled to work outside of his 
road district. The road superintendent may appoint 
any person subject to road duty in any district to sum- 
mon the hands to work the roads therein, and such per- 
son shall be exempt from road service as many days as 
he was actually engaged in summoning the hands, and 
in case of emergency he may appoint a deputy to super- 
vise any particular work. He may also contract with 
any person subject to road duty, for the use of teams, 
and permit such person to discharge his road duty by the 
use of such double team; but he shall never allow more 
than two dollars per day for any team, nor more than 
three dollars for any hand and double team. 



Allowance for 
team. 



21 



Shall report at 
each regular 
term. 



Sec. 10. Each road superintendent shall make a re- 
port, under oath, to the commissioners' court, at each 
regular term thereof, showing an itemized account of 
all money belonging to the road fund he has received, 
from whom received, and what disposition he has made 
of the same, the condition of all roads and bridges in 
his county or precinct, as the case may be, and such 
other matters as the court may desire information upon ; 
and shall make such other report at such times as such 
court may require. 



ComrVot.may 
purchase 
tools, etc. 



Change of road 



Sec. 11. The commissioners' court of any such county 
is authorized to purchase or hire all necessary road 
machinery, tools, implements, teams and labor required 
to grade, drain or repair the roads of such county, 
and said court is authorized and empowered to make 
all reasonable and necessary rules, orders and regula- 
tions not in conflict with law, for laying out, working 
and otherwise improving the public roads, and to util- 
ize the labor and money expended thereon and to enforce 
the same. But no change in any road shall be made 
that lengthens the same without it is to the benefit of 
the traveling public or for the protection of private 
property, and then only upon the unanimous consent of 
the commissioners' court. 



Sup't shall em- 

ploy f< rce 
andpurchase 
tools, teams, 
etc. 



Sec. 12. Each road superintendent shall employ 
sufficient force to enable him to do the necessary work 
in his county or precinct, as the case may be, having 
due regard for the condition of the county road and 
bridge fund and the quality and durability of the work 
to be done, and shall buy or hire such tools, teams, im- 
plements and machinery as the commissioners' court 
may direct, and he shall work such roads in such man- 
ner as the commissioner may direct, and such work 
shall at all times be subject to the general supervision 
of the commissioners' court. 



Shall issue cer- 
tificate of 
purchase. 



Sec. 13. Each road superintendent shall make the 
best contract possible for all labor, tools, implements or 
machinery that he is authorized to hire or purcnase, 
and in payment therefor he shall issue to the person 
entitled thereto his certificate showing the amount due 
and the purpose for which it was given, and upon ap- 
proval by the commissioners' court a warrant shall 
shall issue therefor to the holder thereof on the county 
treasurer, to be paid by him out of the proper fund as 
other warrants All such certificates shall be dated, 
Responsibility numbered and signed by the road superintendent, and 
he and the sureties on his official bond shall be liable 
for all loss or damages caused by the wrongful issue of 
any such certificate or any extravagance in the amount 
thereof. 



Covn'rs'ct. may 
c o n t ract by 
bids and re- 
quire bonds. 



Co. Treasurer 
shall keep 
separate ac- 
cts. of road 
money. 



Sec. 14. The commissioners' court of any such 
county may, when deemed best, construct, grade, gravel 
or otherwise improve any road or bridge by contract. 
In such case the said court or the county judge may 
advertise, in such manner as said court may determine, 
for bids to do such work and the contract shall be 
awarded to the lowest responsible bidder, who shall 
enter into bond with good and sufficient sureties for the 
faithful compliance with such contract, but said court 
shall have the right to reject any and all bids. At the 
time of making any such contract the said court shall 
direct the county treasurer to pass the amount of money 
stipulated in such contract to a particular fund for 
that purpose, and the treasurer shall keep a separate 
account of such fund and the same shall not be used for 
any other purpose and can only be paid out on the order 
of said court. 

22 



c o n v icts to 
labor onpub- 
lie roads. 



Officers' costs. 



Sec. 15. The commissioners' court may require all Com'rs'ct. may 
county convicts not otherwise employed to labor upon require co 
the public roads under such regulations as may be most 
expedient. Each county convict worked on the roads 
in satisfaction of any fine and costs shall receive a credit 
thereon of fifty cents for each day he may labor. And 
the commissioners' court may order that the county 
pay to the officers of court as much as one-half of the 
costs due them and adjudged against such convict, and 
upon such order such payment shall be made. But no 
such costs or any part thereof shall ever be paid until 
such convict has worked out the entire amount of such 
fine and costs as provided by law, and then only upon a 
certificate from such county or precinct superintendent 
to the effect that such costs have been so worked out. 
The commissioners' court may grant a reasonable com- May grant 
mutation of time for which a convict would be com- 
pelled to work to pay his fine and costs, or for which he 
is committed, as a reward for faithful services and good 
behavior, and such court shall make proper rules and 
regulations under which such commutations mav be 
granted. J 



commutation 
o f convicts' 
time. 



Sec. 16. The commissioners' court may accept dona- Ma ? accept doj 
tions of money, lands, teams, tools, or labor, or any f an d 8 ,°etc. 
other kind of property or material to aid in building or 
keeping up roads in the county, and said court or any 
road superintendent, by and with the concurrence of 
the commissioners, may authorize any person to make 
a drain along any public road, the same to be done un- Drains. 
der the direction of the road superintendent, or such 
other person as such court may direct. 

Sec. 17. The commissioners' court of any county May retain 
may retain the system of working hands under overseers 
as provided by general laws, and place such overseers 
under the control of a county or precinct superintend- 
ent under such lawful regulations as said court may 
prescribe or may work with overseers without any 
superintendent, as may be deemed best. 



present sys- 
tem ot road 
work. 



maynotcom- 
p e 1 persons 
subject to 
road duty to 
work. 



Sec. 18. The commissioners' court of any county in Where a sped 
which a special tax for the maintenance of the public tax l8 levied 
roads is levied and collected, as provided for in section 
9, article 8 of the constitution, shall not be compelled to 
require persons subject to road duty to work on the 
roads, as required in existing general laws, but 
in such counties the roads shall be worked* wholly by 
taxation, or by taxation in connection with road service, 
as such court may deem best. In any such county such 
court may reduce the number of days that persons 
liable to road duty may be required to work on the roads, 
but can never increase the same above five days in any 
year. 



Sec. 19. Each road superintendent shall keep an 
accurate account of all moneys received by him on ac- 
connt of the road or bridge fund, and pay the same over 
to the county treasurer within ten days after its collec- 
tion, taking his receipt for the same. 



Road sup't to 
keep ace'is 
and pay over 
to co. treas. 



work a pen- 
alty. 



Sec. 20. If any person liable under this act to work Failure to at 
upon the public roads after being legally summoned, ten and 
shall willfully fail or refuse to attend either in person 
or by able and competent substitute at the time and 
place designated by the person summoning him, or pay 
to the superintendent or other person authorized by the 
commissioners' court to receive the same, the sum of 
one dollar per day for each day he may have been noti- 
fied to work on the road, or having attended, shall fail 



23 



Failure of road 
sup't to per- 
form duty. 

Penalty. 



Penalty for 
des tr oying 
road appli- 
ances. 



to perform good service or any other duty required of 
him by law, or the person under whom he may work, 
he shall be guilty of a misdemeanor, and on conviction 
thereof fined in any sum not less than five nor more 
than twenty-five dollars. 

Sec. 21. Any road superintendent who shall will- 
fully fail or refuse to comply with any provisions of this 
act or order of the commissioners' court shall be guilty 
of a misdemeanor, and on conviction thereof, punished 
by fine of not less than twenty-five nor more than two 
hundred dollars for each offense. 

Sec. 22. Any person who shall knowingly or will- 
fully destroy, injure or misplace any b.idge, culvert, 
drain, sewer, ditch, signboard, mile post or tile, or any- 
thing of like character, placed upon any road for the ben- 
efit of the same, shall be guilty of a misdemeanor, and up- 
on conviction thereof, punished by fine of not more than 
five hundred dollars, and shall be li&Jfle to the county 
and any person injured for all damages caused thereby. 

of nan?e & s of Sec. 23. The county superintendent or the precinct 
delinquent superintendent, as the case maybe, shall obtain from 
poll tax pay- the tax collector of their counties as soon after the first 
day of January of each year as practicable, and before 
the first day of May thereafter, a full list of the delin- 
quent poll tax payers of such county for the previous 
year, and the persons so appearing on such list and who 
Shall work are such delinquent poll tax payers shall be subject to 
three days road duty for the period of three days during such year, 
for tax. an( j th e y shall be summoned, as in other cases, to work 

the roads in the road district or precinct in which such 
person may reside, and the performance of the road 
service provided for in this section shall not exonerate 
the persons from any other road duty to which the per- 
sons performing the same may be subject, but this shall 
be taken as cumulative. The persons required to do 
road duty under the provisions of this section shall be 
subject to prosecution as provided in this act, or other 
law of this state, and subject to the same liabilities and 
punishments provided for in other cases for failing to 
appear or do good work, when summoned so to do, as 
provided for by this act or other law of this state, and 
all such laws shall apply to parties required to work 
under the provisions of this section. And when they 
are convicted for so failing to work the roads, shall 
satisfy the fine and costs as in other misdemeanor 
convictions. But any person summoned to work on 
the road under the provisions of this section may satisfy 
such summons and be relieved from such duty by.pay- 
ing to the county road or precinct superintendent, as 
the case may be, three dollars; one-third of which sum 
shall go to the free school fund, and the balance to the 
road and bridge fund. 

Road defined. gBa u The tepm « road „ ag uged in thig act jn _ 

eludes road bed, ditches, drains, bridges, culverts, and 
every part of such road, and the terms "work" and 
"working" includes the opening and laying out of new 
roads, widening, constructing, draining, repairing, and 
everything else that may be done in and about any road. 

™saetcumu- Sec> 2 5. This act shall be cumulative of all other 

isting ro e ad general laws on the subject of roads and bridges not in 

law. conflict herewith and where not otherwise provided 

herein such general laws shall apply; but in case of 

conflict with other general laws the provisions of this 

act shall govern. 






24 



rs' ct. 



SPECIAL ROAD LAW 

For Grayson, Dallas, Galveston, Brown, Comanche, Mills, 

Fannin, Travis, Hunt, Hill, Kaufman and Fayette 

Counties, authorizing the employment 

of a County Road Commissioner. 

Passed March 5,1891. 

Section 1. Be it enacted by the Legislature of the State May employ a 
of Texas: That the commissioners' courts of Grayson, m ?ssioner' n 
Dallas, Galveston, Brown, Comanche, Mills, Fannin, 
Travis, Hunt, Hill, Kaufman and Fayette Counties, if 
they deem it advisable so to do, may each employ one 
road commissioner for the county, who shall be a resi- 
dent citizen of said county, and shall receive such com- 
pensation as may be fixed by said commissioners' court, Snall rece i ve 
not to exceed on^^hundred dollars per month, to be such com - 
paid out of the roa^and bridge fund of said county, pensanon as 
Said road commissioner shall be subject to removal at fixe f b y tne 
any time by the said commissioners' court. He shall, com rs c ' 
before entering upon the discharge of his duties, enter 
into a bond with two or more good and sufficient sure- 
ties, in the sum of $2000, payable to the county judge of 
the county and his successor in office, conditioned that 
such road commissioner will faithfully discharge the 
duties of his employment as such commissioner, which ^olid. g ! v e 
bond shall be approved by the county judge and ack- 
nowledged by the said commissioner and the sureties as 
required for the acknowledgment of deeds, and recorded 
as required for the bonds of county officers. 

Sec. 2. jJs^bject to the orders and control of the Subject to or- 
commissioners' court, the road commissioner shall have ? e , r f,° f com 
charge and control of all such teams, wagons, tools and 
machinery as the commissioners' court shall place in 
his custody for use on the public roads of said county 
and shall execute and deliver to the county clerk of said 
county his receipt therefor, specifying each item and its Shall havecus- 
value, which shall be filed by the clerk of the county tody of tools, 
court in his office, and a certified copy thereof shall be 
admissible as evidence in any suit against said commis- 
sioner and his sureties or either of them, on his bond for 
the said property or the value thereof, the same as the Responsible 
original would be. Said road commissioner and his for same, 
sureties shall be responsible on his bond for all such 
property thus turned over to him until he shall account 
therefor. 

Sec. 3. The road commissioner shall have control of sh t ^ l Jf ™ °a n 
all road overseers in the county and shall deliver to each road over- 
all teams, tools, wagons and machinery necessary in seers, 
working the roads in the district of such overseers, so 
far as he has been supplied therewith by the commis- 
sioners' court, taking the receipt of said road overseer 
herefory specifying each item and giving its value, Take receipts 
which receipt shall be a full answer to the liability of for ail tools, 
the road commissioner for all such teams, wagons, tools, J * G - J J ° ™ 
and machinery. It shall be the duty of the road over- W ho shan re- 
seer, when he has finished the work on his road, to re- turn all when 
turn to said road commissioner all teams, wagons, tools work is done, 
and machinery received from him and to take up the 
receipt given for the same. 

Sec. 4. Each road commissioner and overseer shall, Thecom'rand 
as to all teams, wagons, tools any machinery delivered overseers 
to him by the commissioners' court or the road com- of r the county 
missioner, be deemed and held to be the bailee of the an drespon 
county, and shall be responsible to the county for the 8iDle for a11 
value thereof until accounted for by him. It shall be P r °P ertv - 

25 



Shall Inform 
himself as to 

the condi- 
tion of roads 
of the co. 



Duties as to 
grade, etc. 



Shall directthe 
callingoutof 
hands and 
work. 



O v e r s e ers to 
have control 
of hands. 



Shall see that 
they perform 
work, 



May be allow- 
ed pay for 
more than 5 
duys' work 
and may be 
exempted 
fro m duty 
one year. 



sufficient to exempt the road commissioner or any road 
overseer from liability for any property received by him 
as herein provided to show that he has delivered the 
same to any person authorized by law or by the orders 
of the commissioners' court of the county to receive the 
same, or that the same has died, been lost or destroyed 
without negligence or fault on his part. 

Sec. 5. It shall be the duty of the road commissioner 
of the county, so far as practicable and as soon as pos- 
sible, to inform himself of the condition of the public 
roads of his county, and under, such rules and regula- 
tions as may be prescribed by the commissioners' court 
of said county, said road commissioner shall determine 
what character of work shall be done upon the different 
roads of his county, and when and wherever needed, he 
shall establish the grade of such roads and direct the 
manner of draining the same, which directions shall be 
obeyed and observed by all road overseers unless chang- 
ed by order of the commissioners' court. 

Sec. 6. The road commissioner may require each 
road overseer to call out the hands under his direction 
in such numbers as may be sufficient to use the teams, 
wagons, tools and machinery allotted to such road dis- 
trict and at such times as may be necessary, but no road 
hand shall be required to serve in any one year exceed- 
five days, unless the term of service as prescribed by the 
general law shall be extended beyond that term. Each 
road overseer shall have control of all hands within his 
road district and subject to road duty, and shall see 
that each said road hand shall perform his duty in work- 
ing said roads, and that each hand when called out shall 
perform a fair day's work, and if any hand so called out 
shall refuse to work in a proper manner, or to do his 
part of any service assigned to him, such road overseer 
shall treat him as if he had failed to appear in obedience 
to the summons, and such hand shall be liable to the 
same penalties as if he had failed to appear in obedi- 
ence to the summons. The commissioners' court may 
allow to any road overseer who shall be engaged in the 
active discharge of the duties of his office for more thau 
five days during any one year, a compensation not to 
exceed $1.50 per day for the time so served over and 
above five days, and in addition thereto said court may 
enter an order exempting such road overseer from road 
duty in said county for the next succeeding year, if his 
service in the opinion of the court has been of a kind to 
merit such exemption. 



Com'rs' ct. to 
have full 
power to sys- 
t e matlze 
road work. 



Maybuy teams, 
tools, etc. 



They may 
work co. con- 
v 1 c t s and 

commute 
time. 



Sec. 7. The commissioners' court of said county 
shall have full power and authority to adopt such sys- 
tem for working, laying out and repairing the public 
roads in said county as to said court may seem best, 
and from time to time said court may change its plans 
or system of work in such manner as it may deem ad- 
visable. The said commissioners' court shall have the 
power to purchase such teams, wagons, tools and 
machinery as may be necessary for the working of its 
public roads and also all material that may be needed 
therefor, all of which shall be paid for out of the road 
and bridge fund of said county. The commissioners' 
court of the county may, in its discretion, work the 
county convicts of said county upon the public roads, 
but it shall not pay any costs that may be adjudged 
against said convicts. As a reward for faithful services 
and good behavior while engaged at any work upon the 
public roads, the said commissioners' court shall have 
the authority to grant a reasonable commutation of 
time for which any convict would be compelled to work 
in order to pay his fine and costs, and such court shall 
make proper rule? and regulation! to govern and con- 



26 



trol in the granting of such commutation. The said 
commissioners' court shall have authority to employ May employ 
such labor as may be necessary to work the public roads JJJ J^ 1 u ° n al 
of the county, to be paid for out of the road and bridge 
fund; such labor shall be under the control of the road 
commissioner, if one shall be employed, or under such 
other person or persons as said court may direct and 
employ for that purpose. 

Sec. 8. Every owner of a farm or other lands upon Hedges to be 
which a hedge of any description grows on or near the t r i m m e <i 
line of a public road shall be required to keep the same j^ n to five 
trimmed so that the height of the same shall not exceed 
five feet above the level of the ground, and any such 
owner who shall fail or neglect to so trim such hedge 
shall be notified in writing by the road overseer of that 

\ district to trim such hedge as herein required, and in 

] case such owner shall, after receiving such notice, fail p e n alty to 
or refuse to so trim said hedge within a reasonable time, owner for 
he shall be deemed guilty of a misdemeanor and upon failure to 
conviction, shall be fined in any sum not to exceed $20 trim * 
per week from and after the time that he received such 
notice, such fine to be paid into the county treasury and 

i to be placed to the credit of the road and bridge fund 
of said county. If any owner of any farm shall fail 01 

< refuse after being notified as herein required to trim his 
hedge as required by this act, then the road overseer 

j shall cause the same to be trimmed in accordance with 

i the provisions of this act, to be paid for out of the road 
and bridge fund of the county. 

i 

i 

Sec. 9. The commissioners' court of said county Com'rs' ct. to 
may make contracts for all supplies and materials to be contract for 
used in feeding the hands and teams employed on the ee ' 
public roads and in the work of the same, and may 
make rules and regulations by which the same and all c , , 
contracts shall be paid by the county, and all persons ^£1 rules 
employed by said court shall be governed by such rules etc. 
and regulations. The said court, may from time to 
time, make all necessary rules and regulations for the 
government of the road commissioner and all persons 
employed by said county on the public roads, which Same to be en- 
rules and regulations shall be entered upon the minutes mfmnes 1 thQ 
of the court and a certified copy to be delivered to each 
person to be governed thereby. Said court may require 
of the road commissioner to make reports at such times M jJ DO e t quire 
and in such manner as may be prescribed by the said 
court, and any road commissioner refusing to make such 
reports shall be removed and shall be deemed guilty of p | a ^,u lt: [ for 
a misdemeanor and upon conviction shall be fined in a poVt.* 6 ° re " 
sum not to exceed $100.00. 

Sec. 10. Whenever it shall be necessary to occupy May condemn 
any lands, for the purpose of opening, widening, land for road 
straightening or draining any road, or any part thereof, P ur P° 8es ' 
if the owner of such land and the county cannot agree 
upon the damages to be paid, the county may proceed 
to comdemn the same in the same manner that a rail- 
road company can condemn lands for right of way, and 
the same proceedings shall be had and the same rights 
shall exist as to each party as wonld exist if the pro- 
ceedings were by a railroad company, except that the 
county shall not be required in any case to give bond. 

Sec. 11. This act shall be taken notice of by all This act is cu- 
courts in the same manner as a general law of the state, muiattve of 
and it shall be construed to be cumulative of all general g^tingroad 
laws of the state on the subject of roads and bridges 

27 



Where conflict 
occurs this 
shall control. 

Defining terms 



where not in conflict therewith; but in case of such con- 
flict this act shall control as to the said counties of 
Grayson, Dallas, Galveston, Brown, Comanche, Mills, 
Fannin, Travis, Hunt, Hill, Kaufman and Fayette. The 
term "roads," includes the roadbed, ditches and drains, 
the bridges and culverts, and every part of such road. 
The term "work and working" as used herein, shall in- 
clude the opening and laying out of new roads, widen- 
ing roads, constructing and building, repairing and 
draining of such roads, and everything that may be 
done in and about the maintenance of such road. 



Com'rs' ct. not Sec. 12. The commissioners' court of each of the 
compelled to CO unties named in this act shall have the right to exer- 
conVr! 1 r ° c * se & U tne authority and powers herein given, and 
neither of said counties shall be compelled to employ a 
road commissioner, unless the commissioners' court of. 
such county shall deem it advisable so to do; provided, 
that the commissioners' court of either of the aforesaid 

E n« m n^?r O 0f counties shall appoint a road commissioner as herein 
provided for, then the county commissioners of the 
county, making said appointment shall not be required 
to perform the duties required of them by article 4390a 
of the revised civil statutes of the state. 



(Jo. Com'rs. 









28 



:OADS — CHEROKEE, HOUSTON, ANDERSON, 
TRINITY, FRANKLIN, DELTA, HARRISON, 
PANOLA, UPSHUR, SHELBY, SMITH. 

Section 1. Beit enacted by the Legislature of the State what declared 
f Texas: That all public roads and highways that public roads, 
ave heretofore been laid out and established, agreea- 
ly to law, in Cherokee, Houston, Anderson, Trinity, 
'ranklin, Delta, Upshur and Smith Counties, except 
ich as have been discontinued, are hereby declared to 
e public roads. 

Sec. 2. The commissioners' courts of Cherokee, Co. com'rsct 
Souston, Anderson, Trinity, Franklin, Delta, Upshur, to open, lay 
larrison, Panola, Shelby and Smith counties shall have continue > roads 
ill power, and it shall be their duty, to order the lay- 
lg out and opening of public roads, when necessary, 
jjad to discontinue or alter any road, whenever it shall 
e deemed expedient, as hereinater prescribed. 

1 Sec. 3. It shall be the duty of the commissioners' to classify 
ourts to classify all public roads in said counties into roads. 
; rst, second and third class roads. 

Sec. 4. First class roads shall be clear of all ob- First class 
ructions, and not less than forty feet nor more than roads 40 to 60 
xty feet wide ; all stumps over six inches in diameter ' 
) be cut down to six inches of the surface, and rounded 
Ef ; all stumps six inches and under to be cut smooth 
ith the ground ; and all causeways made at least six- 
jen feet wide, 

Sec. 5. Second class roads shall be clear of all ob- second class 
ructions, and not less than thirty feet wide. Stumps roads 30 ft. , 
x inches and over in diameter to be cut down to six down* etc! 
iches of the surface, and rounded off, and all stumps 
:ss than six inches in diameter to be cut smooth with 
le ground; all causeways to be made at least sixteen 
et wide. 

Sec. 6. Third class roads shall be clear of all ob- Third class 
ructions, and not less than twenty feet wide ; stumps roads 20 ft, 
x inches and over in diameter to be cut down to six etc * 
iches of the surface, and rounded off, and all stumps 
ss than six inches in diameter to be cut smooth with 
le ground ; all causeways to be made at least sixteen 
■et wide. 

Sec. 7. The commissioners' court shall in no instance Twenty days' 
rant an order on an application for any new road, or notice of new 
» discontinue an original one, unless the person making required. &DSe 
^plication therefor, or some one of them, shall have 
ven at least twenty days' notice, by written advertise- 
ent, of their intended application, posted up at the 
>urt house door of the county and at two other public 
; aces in the vicinity of the route of the proposed new 
ad, or the road proposed to be discontinued. 

Sec. 8. All applications for a new road, and all ap- petition to be 
ications to discontinue an existing one, shall be by signed by ten 
;tition to the commissioners' court, signed by at least freeholders. 
n freeholders of the precinct or precincts in which 
1 id road is desired to be made or discontinued, specify - 
g in such petition the beginning and termination of 
ch road proposed to be opened or discontinued. 

Sec. 9. All roads hereafter ordered to be made shall jury of five to 
laid out by a jury of freeholders of the county, to be la y out ail 
♦pointed by the commissioners' court. Said jury shall roads * 
nsist of five persons, a majority of whom may pro- 
ed to lay outand mark the road so ordered, to the 
eatest advantage to the public, and with as little 
ejudice to inclosures as may be. 



L 



29 



Oath of jurors. Sec. 10. The jurors provided for in the precedin, 
section shall, before proceeding to act as such, take th I 
following oath before some officer authorized to admin oi 

ister oaths, to-wit: I, , do solemnly swear that 

will lay out the road now directed to be laid out, by thi 
order to us directed from the commissioners' courtp 
according to law, without favor or affection, malice o 
hatred, to the best of my skill and knowledge, so hel] 
me God. 



i 



Jury to report. g EC . n. it shall be the duty of such jurors, whei 
qualified as provided in the preceding article, to pro 
ceed to lay out and mark the road, in accordance wit! 
the order of the court and the law, and to report thei 
proceedings in writing to the next regular term of th 
commissioners' court. 



Written con- 
sent of owner 
necessary. 



A jury to 

assess 

damages 



When owner 
protests same. 



Court may 
order road 
opened, first 
paying for 
land. 



If no objection 
made. 



Com'rs may 
alter on appli- 
cation of one 
freeholder. 



Sec. 12. No public road shall be surveyed or laic 
out upon or across any farm, lot, or inclosure, withou 
first obtaining the written consent of the owner or hi: 
agent or attorney to the same, except as hereinafte: 
provided. 



'- 



I 



Sec. 13. If such written consent shall be refused, i 
shall be the duty of the commissioners' court to ap- 
point five disinterested freeholders, residents of th* 
county, as commissioners, a majority of whom may act 
to view the same, assess the damages incidental to th( 
opening of the road of the first, second, or third class 
through any part of said farm, lot, or inclosure, as pro- o' 
posed, taking into consideration the advantages anc 
disadvantages accruing to such owner from the opening 
of such road, and report their action in writing, anc 
under oath, to the next regular term of the commis- 
sioners' court. 

Sec. 14. If the owner of any inclosed land, his 
agent or attorney, shall file in the commissioners' con*! 
a written protest against opening a road, viewed and 
marked out through such inclosed land, it shall be the 
duty of the commissioners' court to appoint five disin- 
terested freeholders, residents of the county, as com- 
missioners, a majority of whom may act, to view said 
road, assess the damages, and report in manner and 
form as provided in the preceding article. 

Sec. 15. If, in the judgment of the commissioners' 
court, from the report of the commissioners named in 
the two preceding sections, the road should be deemed 
of sufficient importance, the court may order the sur- 
vey or opening of the same; but the court shall first 
order the payment of the damages assessed, if any, by 
the commissioners of view, to be made to the owner of 
the land, out of the county treasury, and the county 
treasurer shall have paid the same, or secured its pay- 
ment, by a special deposit of the amount in his office^ 
subject to the order of such owner, and shall notify 
such owner by mail or otherwise, of such deposit. 

Sec. 16. If no objection be filed, upon the report of 
a jury appointed upon an application to open a new 
road, the court shall proceed to establish and classify 
such road, and order the opening out of the same, and 
shall appoint an overseer and apportion hands for the 



Sec. 17. The commissioners' court may alter or 
change the course of any public road, after notice, and 
upon application in the same manner as provided in this 
chapter for the discontinuance of a road, except that 
the application need not be signed by more than one 
freeholder of the precinct in which such alteration or 
change is proposed to be made. 

30 



B 



Sheriff to serve, 
manner of. 



Penalty of 
juror for fail- 
ure to serve. 



Sec. 18. When juries of view are appointed, it shall Copies of 
>e the duty of the clerk of the court to make out copies appointment 
ipf the order appointing them, in duplicate, and to de- t o {Je made. 

iver such copies to the sheriff of the county within ten 
:i Lays after such order of appointment was made, indors- 
ing on such copies thedate of such order. 

Sec. 19. The sheriff receiving such copies shall serve 

he same upon the jurors by delivering to each of them, 

n person, a copy of the order of appointment provided 

?;or in the preceding article, or by leaving one of said 

copies at the usual place of abode of such juror. Ser- 

r ice shall be made within twenty days after the sheriff 

eceives said copies, and he shall make his return to the 

l :lerk on the duplicate copies, stating the date and man- 

ter of the service, or, if service has not been made, 

tating the cause of his failure to make the same. 

: Sec. 20. Any juror of view, summoned as such, who 
hall fail or refuse to perform the service required 
:->f him by law as such juror, shall forfeit and pay for 
svery such failure the sum of ten dollars, to be recov- 
ered by judgment, on motion of the district or county 
i utorney, in the name of the county, in any court of 
:ompetent jurisdiction in the county in which such de- 
faulter may reside. 

Sec. 21. For the further and better providing of Line roads, 
public roads, any lines between different persons or 
>wners of land may, upon the condition provided for in 
he following sections, be declared public highways and 
eft open and free from all obstructions for ten feet on 
jither side of said lines ; but the marked trees and other 
objects used to designate said lines, and the corners of 
urveys, shall not be removed or defaced. 

i Sec. 22. Whenever ten freeholders may desire the How obtained. 

boundary lines between different persons or owners of 
and to be declared a public highway, in order to give 
hem a nearer, better, or more practicable road to their 

'ihurch, county seat, mill, timber, or water, they may 

iipply to the commissioners' court for an order estab- 
ishing such road. 

' Sec. 23. The application provided for in the prece- Application in 
iing section shall be in writing, and shall be signed and writing sworn 
worn to by the applicants. It shall designate the lines 
| .ought to be opened, and the names and residences of 
| he persons or owners to be affected by such proposed 
oad, and shall state the facts which show the necessity 
or such road. 



to. 



Sec. 24. Upon the filing of such application, the Notice to 
;lerk shall issue a notice reciting the substance thereof, owner - 

j lirected to the sheriff or any constable of the county, 

• jommanding him to summon the owners of the land, 
laming them, whose lines are proposed to be left open, 

i o appear at the next regular term of the commissioners' 
jourt and show cause why said lines should not be 

i leclared public highways. 

Sec. 25. The notice provided for in the preceding How served. 
i ?ection shall be served in the manner and for the length 
)f time provided for the service of citation in civil ac- 
tions in justices' courts, and shall be returned in like 
nanner as such citations. 

Sec. 26. At a regular term of the court, after due Com'rsmay 
service of notice, as provided in the preceding section, opened^ 
the commissioners' court may in its discretion, should 
St deem the road of sufficient public importance, issue 
an order declaring the lines designated in the applica- 



31 






tion to be public highways, and direct that the same be 
opened by the owners thereof, and left open for the 
space of ten feet on each side of said lines. 



Notice to 
owners. 



Sec. 27. When an order as provided in the preceding_ 
section is made, the clerk shall, without delay, issue a" 
notice reciting said order or its substance, directed to 
the sheriff or any constable of the county, commanding 
him to serve the owners of such lines named in such 
notice with a true copy thereof, and the officer to whom 
How served by sa ^ notice is delivered shall, without delay, serve the 
sheriff. same as therein directed, and return the same to the 

clerk, indorsing thereon the manner and date of such 
service. 



Not to be 
worked by 
road hands. 



Costs of neigh- 
borhood roads. 



Com'rs may 
discontinue. 



Right 
gates. 



to erect 



Damages, 
how assessed. 



Road precincts 
numbered. 



Appointment 
of road over- 
seers. 



Same. 



In case of 
vacancy 
county judge 
to appoint 
successor. 



Sec. 28. The commissioners' court shall not be re- 
quired to keep any such road as is mentioned in the last 
seven sections, worked by road hands, as in case ot. 
other public roads. 



Sec. 29. All costs attending; the proceedings pro- 
vided for in relation to opening neighborhood roads 
shall be paid by the applicants for any such road 
whether their application be granted or not, and may 
be collected as other costs in civil action. 



: 



Sec. 30. The commissioners' court may discontinue 
any neighborhood road which has been established as a 
public highway in the same manner provided in this act 
for discontinuing other public roads. 

Sec. 31. The owner or owners of the land whose 
lines have been or may be declared public highways, 
and also any person through whose land a third class 
road may run, shall have the right to erect a gate or 
gates across said road or roads when necessary ; said 
gate or gates to be not less than ten feet wide. 

* 

Sec. 32. The amount of damages to be allowed to 
the owners of said lands for opening the lines of a 
neighborhood road, as provided in this act, shall be 
assessed as provided for in case of first, second and 
third class roads in this act. Said damages to be paid 
by the applicant or applicants for such road. 

Sec. 33. The commissioners' courts of Cherokee, 
Houston, Anderson, Trinity. Franklin, Delta, Upshur, 
and Smith counties shall lay off the counties into con- 
venient road precincts, and shall number each precinct, 
and in the order establishing the same shall specify as 
definitely as practicable the boundaries thereof. 

Sec. 34. An overseer shall be appointed by said 
courts for each road precinct at the time of establish- 
ing the same, and at the first regular term of the courts 
in each year the said courts shall appoint an overseer m 
for each road precinct in the county, and shall at the * 
same time designate all the hands liable to work on 
public roads and apportion them to the several over- 
seers. 

Sec. 35. If from any cause the said courts should 
fail to perform the duties required of them by the pre- 
ceding section, at its first regular term in each year, it 
shall be competent and legal for said court to perform 
said duties at any subsequent term, whether the same 
be a regular or called term. 

Sec. 36. In case of death, removal, or other inability - 
to act of any road overseer, it shall be the duty of the 
county judges, immediately upon information of the 
fact, to appoint an overseer to fill such vacancy, who 
shall be notified of his appointment, as in other cases. 



32 



ii Sec. 37. It shall be the duty of the clerks of said Clerk to make 
ourts to make out copies of all orders appointing over- c °P ie . s of 
eers of roads, in duplicate, and deliver the same to the f Jfsieriff 611 
heriff of the county within ten days after such order 

"hall have been made, endorsing on such copies the 
:ate of the order of appointment. 

Sec. 38. All orders appointing overseers shall em- Nature of 
►race the designation of hands liable to work under order appoint- 
uch overseer, as far as known, and shall specify the 1Dg overseer - 
>oundaries of such overseer's road precinct as laid off 
>y the courts. 

Sec. 39. The sheriff shall, within twenty days after Sheriff to 
he reception of the copies of any order appointing an ser ve. 
>verseer, deliver to or leave at the usual place of abode 
>f such overseer one of such copies, and shall return 
he duplicate of such copy to the clerk of the county 
jourt, endorsing thereon the date and manner of service, 

•ind if not served, the cause of his failure to serve the 

•same. 

Sec. 40. The term of service of a road overseer shall Term of over- 
3e from the time of the service of the order of appoint- seer, 
nent until the first regular term of the commissioners' 
courts in the succeeding year. 
I 

Sec. 41. No person shall be compelled to serve as an Exemptions as 
overseer who is lawfully exempt from road duty, nor overseer. 
mall any one be compelled to serve as overseer more 
"nan one year in every three successive years. 

Sec. 42. It shall be the duty of every person ap- Those exempt 
pointed overseer of a road, who is lawfully exempt from t0 notify clerk, 
duty, to notify the clerks of the county courts of his 
non-acceptance within ten days after his being notified 
, of his appointment. 

Sec. 43. If any person appointed overseer of a road, Notice of 
who is lawfully exempt from road duty, shall notify the exemption 
clerks of his nonacceptance, as provided for in the pre- 
ceding section, the clerk shall forthwith report the same 
to the county judge, who shall immediately appoint 
J another overseer for said precinct. 

Sec. 44. Should any person appointed overseer, and Failure to 
who is lawfully exempt from road duty, fail to notify notify of 
the clerk of his non-acceptance within ten days after exem ption. 
| being notified of his appointment, it shall be considered 
an acceptance of the appointment, and he shall not be 
permitted thereafter to plead his exemption from road 
duty as a defense against any neglect or failure to per- 
form any of the duties of such overseer. 

Sec. 45. It shall be the duty of the clerks to insert clerk to insert 
on the copies of all orders of appointment of overseers duties of over- 
issued by him, the duties required of overseers in regard seer - 
to their non-acceptance of such appointment. 

Sec. 46. The clerk of the county court shall post at clerk to post 
the court house, on the first day of each term of the names of 
district court held in his county, a list of the names overseers - 
and the road precincts, of all the overseers of roads in 
the county. 

Sec. 47. All male persons between twenty-one and who is liable 
forty -five years of age shall be liable, and it is hereby made to road duty 
their duty, to work on, repair, and clean out the public f i n ) n S 2xemp " 
roads, under the provisions and regulations of this act, 
except ministers of the gospel actively engaged in. the 
discharge of their ministerial duties, and invalids, and 
members of any company of voluntary guards organ- 
ized under the provisions of the title "militia," who 
shall be exempt. 

33 



Residence. 



Substitute. 



Payment for 
exemption. 



To take tools. 



All hands to 
work. 



Ten days' 
work a year. 



Sec. 48. No person shall be compelled to work on a 
road who has not been residing in the county in which 
he is summoned to work, for the space of fifteen days 
immediately preceding such summons. 

Sec. 49. Any person liable to road duty, and who 
has been summoned to do such duty, shall have the 
privilege to furnish an able bodied substitute to work in 
his place, which substitute shall be accepted by the 
overseer if he is capable of performing a reasonable 
amount of work; otherwise he shall not be accepted. 

Sec. 50. Every person liable to work on roads, by 
paying to his road overseer, at any time before the day 
appointed to work on his road, the sum of one dollar for 
each day that he is summoned to work, shall be exempt 
from working for each day paid for, and also exempt 
from any penalties for failure to work for the time for I 
which he has so paid. 

Sec. 51. Each person summoned to work on a road 
shall take with him an axe, hoe, pick, spade, or such 
tool as may be desired and directed by the overseer; or, 
if he have no such tool as he is desired and directed 
by the overseer to take with him, he shall take such 
other suitable tool as he may have. 

Sec. 52. It shall be the duty of such road hand to 
perform his duties as such as required by law, and to do 
a reasonable amount of work, and in accordance with 
the directions of his overseer. 

Sec. 53. No person shall be compelled to work on 
any public road or roads more than ten days in each 
year. 



Tax collector 
to furnish 
names. 



Defaulting Sec. 54. Every insolvent poll tax payer, being a res- 

to work the GrS ^ ent of tne county, and not disqualified or excused by 
road. physical infirmity, who shall be indebted to the county 

on any unpaid county poll tax, and from whom the said 
poll tax cannot otherwise be collected by law, may be 
permitted to discharge the amount of such unpaid 
county poll tax in labor upon the public roads of his 
precinct, at the rate of one dollar per day; and in order 
to enforce the provisions of this section, the collector 
of taxes for the county shall be required on or before 
the second Monday in May of each year, to furnish to 
the several overseers of the counties, the names of all 
the defaulting poll tax payers, together with the amount 
of county poll tax due and unpaid by each, for which 
ex-officio service the collector shall be exempt from 
road duty five days ; and it shall be the duty of the 
overseer, whenever any such person shall have dis- 
charged his county poll tax as herein provided, to 
report the same in his regular reports to the commis- 
sioners' courts. Provided, that no penalty shall ever be 
imposed upon poll tax payers for refusal or failure to 
work upon the public roads. 

Sec. 55. This act shall be cumulative of all laws of 
This act cumu- the State on the subject of roads and bridges and eni- 
lative. ployment of county convicts not in conflict herewith, 

and where not otherwise provided herein such gen- 
eral laws shall apply ; but in case of conflict with gen- 
eral laws, this act shall govern; and the courts of the 
State shall have and take judicial cognizance of this act 
in the same manner and to the same extent as they are 
required to know and notice the general laws of the 
State. 



Approved April 19, A. D. 1893. 



34 



ROADS — CAMERON, HARRIS, FAYETTE, DAL- 
LAS, BRAZOS, CORYELL, BEXAR, ROCKWALL 
AND ELLIS COUNTIES. 

Section 1 . Be it enacted by the Legislature of the State May construct 
of Texas: That the county commissioners' courts of Jof™ 8,11611 * 
Cameron, Harris, Fayette, Dallas, Rockwall, Brazos, 
Coryell, Bexar and Ellis counties, State of Texas, may, 
as hereinafter provided, build or construct, or cause to 
be built or constructed, in said counties, lasting or per- 
manent county roads and bridges, of some permanent 
or durable material, to be selected and agreed upon by 
said commissioners' courts, and may also construct 
drains or ditches to cany off the water from such road 
or roads, and from lands adjacent thereto, whenever 
, and wherever same can be done without conflicting with 
the rights of private property owners, and may take May acquire 
and condemn any land or lands necessary for the pur- necessary 
pose of constructing roads or drains under its general land - 
powers of eminent domain. 

Sec. 2. Whenever the commissioners' courts of said May issue 
counties shall deem it necessary or expedient to build bonds for 
or construct any public roads and bridges of the char- fi^dbythe™ 11 
acter herein provided for, they shall pass a resolution, electors. 
which may be done at any regular or special meeting 
of said courts, setting forth that it is the sense of said 
commissioners' court that public roads and bridges of a 
lasting or permanent nature should be constructed or 
built in said county, and that the county should issue 
its bonds to raise money for that purpose. Said resolu- 
tion shall be submitted to a vote of the property owners 
of said counties at any regular or special election, which 
may be ordered by the commissioners' court for that 
purpose ; and if at such election, a majority of the votes 
cast shall be for said resolution, the same shall be 
adopted; but if a majority of votes cast at such elec- 
tion shall be against said resolution, it shall be rejected. 
Such election shall be governed in all respects by the 
laws governing elections in this State, and the returns Manner of 
shall be made and canvassed in the same manner, and election, 
the result declared by proclamation of the county judge, 
which proclamation shall be posted in at least three 
public places in said counties, and at the option of the 
commissioners' court published in some newspaper in 
said counties. 

Sec. 3. No person shall be permitted to vote at any Qualifications 
election, as provided for in section 2 of this article, un- © f electors, 
less he is a property owner and taxpayer in said coun- 
ties of Harris, Fayette, Cameron, Dallas, Rockwall, 
Brazos, Coryell, Bexar or Ellis, and unless he is other- 
wise a qualified voter of said county. Those desiring 
to vote for the resolution shall have written or printed 
on their tickets the words, " For the resolution to issue 
bonds to build permanent county roads and bridges," 
and those desiring to vote against the resolution shall 
have written or printed on their tickets the words, 
" Against the resolution to issue bonds to build per- Manner of 
manent county roads and bridges." Such tickets shall voting, 
be written or printed on plain white paper with black 
ink, and shall contain no distinguishing mark or de- 
vice, except the words above set out, and if printed, 
shall be in type of uniform size and face. 

Sec. 4. If, at the election herein provided for, a com'rs to can 
majority of the qualified voters at such an election shall vass vote, 
vote in favor of the resolution provided for in section 2 
of the act, and after the commissioners' court has can- 
vassed the said vote and declared the result, and after 

35 



Bonds to bear 
5 per cent, in- 
terest redeem- 
able in ten 
years. 



Tax to be lev- 
ied to pay 
bonds. 



Cannot divert 
fund. 



the proclamation of the county judge declaring said re- 
sult has been posted for at least thirty days, it shall be 
the duty of the county commissioners' court, under the 
supervision and direction of the Comptroller of this 
State, to prepare and execute the bonds of the county 
for such sums as may be deemed advisable by said com- 
missioners' courts, said bonds to bear not exceeding 
five per cent, interest, payable annually, and which 
shall be redeemable in not less than ten years and. not 
more than forty years from the date thereof, the ma- 
turity to be expressed on the face of the bonds, and 
shall have the same registered or enrolled, as in the 
case of other county bonds, and the same shall not be 
sold or negotiated at less than their face or par value : 
Provided, that in no case shall said county issue bonds 
under this act for a greater sum or amount than a levy 
of fifteen cents on the hundred dollars property valua- 
tion of such county will yield sufficient revenue to pay 
the interest as it accrues, and will at the same time 
create a sinking fund sufficient to pay the principal at 
maturity. 

Sec. 5. When the bonds of the county are issued 
and sold under the provisions of this act, it shall be the 
duty of the county commissioners' court of said county 
to levy an annual ad valorem tax on all property of 
the county, which tax, when collected, shall be used 
only for the purpose of paying the interest on the county 
road and bridge bonds, and create a sinking fund to pay 
the principal of same ; and after the adoption of the 
resolution as herein provided for, it shall be unlawful 
for the county commissioners' court to transfer any funds 
from the road and bridge fund to any other fund of 
said county, or to divert the funds arising from the sal< 
of such bonds, or any funds that may be derived from 
the road and bridge tax of said county to any other 
purpose than the construction and maintenance ~of 
county roads and bridges. Should the commissioners' 
court of said counties divert any funds contrary to the 
provisions of this act, they and each member of said 
court so acting or voting shall be deemed guilty of 
malfeasance in office, and on conviction shall be pun- 
ished by a fine of two hundred dollars, and may be re- 
moved from office. 



purchase the 
bonds. 



state Board of Sec. 6. Whenever there shall be or remain in the 
S a .w n tifB ay treasury of this State any moneys to the credit of the 
permanent school fund, uninvested, the State Board of 
Education is authorized and empowered to lend the 
same to said county, when it shall have complied with 
the foregoing provisions of this act, by purchasing at 
par value the permanent road and bridge bonds of said 
county, when satisfactory evidence is presented to said 
board that all the provisions of this act have been com- 
plied with. And the State Board of Education shall 
have the preference to purchase said permanent road 
and bridge bonds, when there is sufficient permanent 
school funds in the treasury, and they are satisfied that 
all requirements of law in reference to the issuing of 
said bonds have been complied with. Should there 
not be sufficient money in the treasury to the credit of 
the permanent school funds to purchase the whole issue 
of such county road and bridge bonds, then the State 
Board of Education may purchase said bonds to the extent 
of the funds on hand, or the county commissioners' court 
may, at their option, place said issue of bonds else- 
where, as to them may seem best for the interest of the 
county, and in like manner, the county permanent 
school fund may be invested in such county bonds, and 
whenever said county shall have on hand permanent 
school funds uninvested, said county shall have the 



36 






preference to invest said funds in the road and bridge 
bonds of said county. 

Sec. 7. The moneys arising from the sale of the Funds realized 
bonds herein provided for shall not be used for any |j?' nn ° t ] )e 
other purpose than for the construction of durable and lver e ' 
permanent county roads and bridges, and the purchase 
of material therefor, and any county commissioners' 
court, or any county commissioner, or any other person, 
who shall misapply or convert same or any part thereof, 
to any other purpose than the one named, shall be 
deemed guilty of malfeasance in office, and on convic- 
tion shall be punished as hereinbefore provided for that 
offense. 

Sec. 8. All roads and bridges built under the pro- Roadtobecon- 
visions of this act shall be laid out and constructed un- structed under 
der the supervision of the county commissioners' court, co P com'rs 1 and 
and a competent civil engineer, the county surveyor, or civ. engineer, 
other competent person, to be employed by the county 
for that purpose. 

Sec. 9. That all laws and parts of laws in conflict 
with the provisions of this act be and the same are 
hereby repealed. 



KOADS — COLLIN, GRAYSON", WILLIAMSON, 
LAMAR AND BELL COUNTIES. 

Section 1. Be it enacted by the Legislature of the State Co. com'rs ex- 
of Texas: That each member of the commissioners' officio road 
court of Collin, Grayson, Williamson, Lamar and Bell com1rs - 
counties shall be ex-officio road commissioner of their 
respective districts, and under the direction of the com- 
missioners' court shall have charge of all the teams, 
tools and machinery belonging to the county, and 
placed in their hands by said court ; and it shall be 
their duty, under such rules and regulations as the com- 
missioners' court may prescribe, to superintend the lay- 
ing out of new roads, the making or changing of roads, 
and the building of bridges. Each of said commis- 
sioners shall, before entering upon the duties of their 
office, execute a bond of one thousand dollars, >with two Shall give 
or more good and sufficient sureties, payable to the bonds, 
county judge of said county for the use and benefit of 
the road and bridge fund, conditioned that they will 
perform all the duties required of them by law or by 
the commissioners' court, and that they will account for 
all money or property belonging to the county that may 
come into their possession: Provided, that with the 
consent of the commissioners' court any one of said 
commissioners shall be allowed to appoint any compe- 
tent person as deputy road commissioner, who shall be May a p p0 mt a 
required to execute the same bond that is required of deputy, 
commissioners in this section; and such deputy road 
commissioners shall be entitled to the same compensa- 
tion that is allowed county commissioners for the same 
service : Provided, that county commissioners shall not 
be allowed any compensation as road commissioners 
when a deputy road commissioner has been appointed. 

Sec. 2. The commissioners' court of said counties Power of 
shall have full power and authority, and it shall be their com'rs court 
duty, to adopt such system for working, laying out, 
draining, and repairing the public roads in said coun- 
ties as they may deem best, and from time to time said 
court may change its plans or system of working. 
Said commissioners' court shall have power to purchase 

37 



May let con- 
tract to work 
road. 



Co. treas. to 
keep separate 
accounts. 



Co. convicts to 
work road. 



sucn teams, tools and machinery as may be necessary 
for the working of its roads. Said court shall have the 
power to construct, grade, or otherwise improve any 
road or bridge by contract. In such case said court, or 
the county judge, may advertise, in such manner as said 
court may determine for bids to do such work, and the 
contract shall be awarded to the lowest responsible bidder 
who shall enter into bond, payable to the county judge 
of said county, for the use of the road and bridge fund, 
with good, sufficient sureties, to be approved by said 
court, and in such sum as said court may determine, for 
the faithful compliance with the terms of said contract, 
but said court shall have the right to reject any and all 
bids. At the time of making any such contract the 
court shall direct the county treasurer to pass the 
amount to a particular fund for that purpose, and the 
treasurer shall keep a separate account of such fund, 
and the same shall not be used for any other purpose, 
and can only be paid out on the order of said court; 
and the said court shall have the authority to employ 
any hands or teams to work on the roads, under such 
regulations and for such price as they may deem best. 

Sec. 3. The commissioners' court of said counties 
shall require all county convicts not otherwise em- 
ployed, to labor upon the public roads, under such reg- 
ulations as it may prescribe, and each convict so worked 
shall receive a credit of fifty cents on his fine first, and 
then on the cost, for each day he may labor. The com- 
missioners' court may, at a regular term, allow to the 
officers and witnesses such amount of their cost for the 
arrest and conviction of said convict as it may deem 
best : Provided, that it shall not allow to any officer an 
amount greater than the following: County judge, 
$3.00; county attorney, $5.00, including commissions; 
county clerks and justices of the peace, $1.70: sheriffs 
or constables, $2.00; which amount shall be paid to the 
officers out of the road and bridge fund, on the warrant 
of the county judge, when said fine and costs shall have 
been worked out as provided in this section : Provided, 
that this shall not be construed as to relieve any convict 
from the payment of all costs for which he would be 
liable under the general laws of this State. The com- 
missioners' court may grant a reasonable commutation 
of time for which a convict is committed as a reward 
for faithful service and good behavior: Provided, that 
such commutation shall in no case exceed one-tenth of 
the whole time. The commissioners' court may provide 
the necessary houses, prisons, clothing, bedding, food, 
medicine, medical attention, and guards, for the safe 
and humane keeping of convicts. 

Co. com'r to Sec. 4. Each county commissioner shall have con- 

have control of t ro i f a n roa a overseers in his district, and shall de- 
seers* ° Ver " liver to each of them all teams, tools and machinery 
necessary in working the roads in the district of said 
overseer, so far as he has been supplied therewith by 
the commissioners' court, taking receiptof saidroad over- 
seer therefor, specifying each item and giving its value, 
which receipt shall be a full answer of the liability of 
the commissioner, and shall fix the liability of the over- 
seer; and any commissioner or overseer who shall have 
been entrusted with any team, tools or machinery be- 
longing to said county, shall be liable for any damage 
that may occur to the same while in his possession. It 
shall be the duty of the road overseer, when he has fin- 
ished work on his road, to return to said commissioner 
all teams, tools and machinery received from him, and 
to take up the receipt given therefor. 

Sec. 5. It shall be the duty of the county commis- 
sioner, when acting as road commissioner, to inform 



Co. officers' 
costs. 



May errant 
commutation 
of time. 



Prisoners' 
food, guards, 
medicine, etc. 



Return of all 
teams, tools 
etc. 



38 



Himself of the condition of the public roads in his dis- Supervision 01 
trict, and shall determine what character of work shall JJJJJJ^ y r 
be done upon said roads, and shall direct the manner 
of grading, draining, or otherwise improving the same, 
which directions shall be observed and obeyed by all 
road overseers of his district. 

Sec. 6. The commissioners may require each road Road hands 
overseer in his district to call out the hands in such days li year/ 6 
numbers as may be sufficient to perform the work, but 
no road hand shall be required to work exceeding five 
days in any one year, unless the term of service as pre- 
scribed by the general laws shall be extended beyond 
that time: And provided, that all road hands in a par- 
ticular district shall, as far as practicable, be worked a 
uniform time. Each road overseer shall have full con- 
trol of all road hands within his road district, and he 
shall see that each hand, when called out, shall perform 
a good day's work; and if any hand, when so called 
out, shall fail or refuse to perform a good day's work, 
or to work in the manner the overseer may direct, he Hands shall 

shall be liable to the same penaltv as if he had failed ^° r ?'-P, < rii alty 

, , . , , ,^ * rr,, . for failure. 

to appear in obedience to the summons. The commis- 
sioners' court may allow to any overseer who may be 
engaged in the discharge of the duties of his office for Extra ti f 
more than five days during any one year, a compensa- overseer? 16 ° 
tion, not to exceed one dollar and one-half per day, for 
the time so served. 

Sec. 7. Any citizen of Collin, Grayson, Lamar, Wil- fo^™ 6 ^ 1 j f 
liamson and Bell counties, liable for road duty, and who \ s ^ exempts? 
shall, on or before the first day of January of any year, 
pay to the county treasurer the sum of $3.00, shall be 
exempt from road duty for such year, beginning on the 
first day of January. The treasurer shall receive and 
receipt for all money so paid him, and place the same 
to the credit of the road and bridge fund, and he shall 
keep a separate account for each road district from 
which it is received. The treasurer shall, on the third ^ uty of co - . 
day of January, or as soon thereafter as practicable, e^e &S ' repor ' 
furnish to each county commissioner a list of all per- 
sons in their respective districts that have paid said 
sums as provided in this section. 

Sec. 8. Whenever it shall be necessary to occupy May condemn 
any land for the purpose of opening, widening, straight- land - 
ening or draining any road or part thereof, if the owner 
of such land and the county commissioners' court can- 
not agree upon the damage to be paid, the county may 
proceed to condemn the same in the same manner that 
a railway company can condemn land for right of way, 
and the same proceedings may be had, and the same 
rights shall exist to each party as would exist if the 
proceedings were by a railroad company, except that 
the county shall in no case be required to give bond. 

Sec. 9. Every owner of a farm or other lands, upon Hedges to be 
which a hedge of any description grows on or near the trimmed, etc. 
public road, shall be required to keep the same trimmed 
so that the height of the same shall not exceed eight 
feet above the level of the ground. Any such owner 
who shall fail or neglect to so trim such hedge, shall be 
notified in writing by the road overseer of that district 
to trim such hedge as herein required ; and in such 
case [if] such owner shall, after receiving such notice, 
fail or refuse to so trim such hedge within a reasonable 
time, he shall be deemed guilty of a misdemeanor, and Penalfcv for 
upon conviction shall be fined in any sum not to ex- failure, 
ceed $20.00 per week from and after the time he received 
such notice; such fine to be paid into the county treas- 
ury and to be placed to the credit of the road and 

39 



Pay of road 
com'r. 



Account ren- 
dered under 
oath. 



bridge fund of said county. If any owner of any farm 
shall fail or refuse, after being notified as herein re- 
quired, to trim his hedge as required by this act, then 
the road overseer shall cause the same to be trimmed 
in accordance with the provisions of this act, to be paid 
out of the road and bridge fund of the county. 

Sec. 10. Each county commissioner, when acting as 
road commissioner, and performing the duties imposed 
upon him by law, or by the commissioners' court, shall 
be entitled to two dollars per day for the services ac- 
tually performed: Provided, that he shall not receive 
more than forty- five dollars ($45.00) per quarter, when 
the road and bridge tax has not been levied as provided 
by law, under the amendment of 1889, as adopted in 
1890, to the Constitution of the State of Texas. And 
when said tax shall have been levied he may receive an 
amount not to exceed ninety dollars ($90.00) per quarter, ■ 
which amount shall be paid out of the road and bridge 
fund, when the account shall have been approved by 
the commissioners' court, and the court shall not ap- 
prove said account unless the commissioner presenting 
it shall sign an oath that the account is just, due ana 
unpaid, and specifying the number of days' work act- 
ually performed by him, and that it was necessary to be 
done ; and no commissioner shall be entitled to pay as 
road commissioner while he is performing the duties of 
a county commissioner. 

Sec. 11. This act shall be taken notice of by all 
courts in the same manner as the general laws of the 
State, and it shall be construed to be cumulative of all 
general laws of the State on the subject of roads and 
bridges when not in conflict therewith ; but in a case of 
conflict this act shall control as to the counties of Col- 
lin, Grayson, Williamson, Lamar and Bell; and an act 
passed at the regular session of the Twenty-second Leg- 
islature, approved April 4, 1891, providing a special 
road law for Collin county, is hereby repealed. 



40 



<^ 


^ 


00 


o^ 


Q> 


*H 


^ 


*o 


•<* 


*3 


<£> 


2S 


^ 


^ 


3* 


^ 


^ 


*5 


*a 


®o 


*a 


&i 


*5 


^ 



**« ^ *-i 



42 






^ 
^ 






*1 









00 






O 
^ 






^ 
^ 









^ 
^ 



43 



so 


^ 


00 


Ob 


ST> 


»»«l 


<8* 


^ 


<* 


»Q 


so 


^ 


2N 


*N 


?^ 


2N 


00 


00 


oo 


00 


oo 


oo 


00 


00 



»*s 


SK> 


®0 


"** 


*o 


so 


^ 


00 


Oi> 


s^ 


^s 


<s* 


*Q 


*Q 


»Q 


<> 


»Q 


*Q 


*o 


*0 


*o 


so 


so 


so 















>0 



?* 


*Q 


<£> 


2^ 


00 


Ob 


<^> 


>H 


^ 


^ 


<$ 


*0 


•sO 


<£> 


<o 


^ 


SO 


"to 


2^ 


2^ 


2^ 


2^ 


2N 


2N 



45 





CO 


•> 

a 




« 


CO 


r<S 


k 




«i> 


«a 


ft 


r* 




sj> 


■^ 


V 




60 


e 


S 


fS 


c» 




•i«i 

CO 




ft 


•r* 


ft 

ft. 


5 




t»i 


«^ 


t ft 


rfS 


'K 


si 


«& 


k 


^ 


«a 


Si 


^ 
£ 


g 


3 


ft 


•» 


<K 


«o 




CO 
•ci 


ft 


8* 


•^ 


Cf> 


csi 


t^ 


CO 


si 

ft 


k 






^ 


<5Q 


e 


ftl 


« 


^ 


co 


^ 




^ 


O 


(i 


Q 



Si 

5$ 
ca 

CO 

ft. 
<£> 

Hi 

e 
© 

CO 
CO 

•l-i 



ft 

CD 

Si 



Si 





i 












































o 


; i 


















i 


| 



CO 



CO 



8 

1*0 



s 



•to 
so 

s 

<3 






s 



O J^> JS r-O JO JO JO O O O 



o o © o o © © © © © 



List of Property on hand at time of Appoint- 
ment. 



Memorandum of Implements Purchased. 



48 



Memorandum. 



